Harish Poojary vs the State

Harish Poojary vs The State

Type Court Judgment Court Karnataka Decided Jun 19, 2026

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Citation: sooperkanoon.com/1515136
Court: Karnataka High Court
Judge: V Srishananda
Decided On: Jun 19, 2026
Case Number: CRL.RP/415/2018

Parties & Advocates

Appellant / Petitioner

Harish Poojary

Respondent

The State

Excerpt

.....hon'ble mr. justice v srishanandaoral orderheard sri t.radhakrishna shetty, learned counsel for the revision petitioner and sri ranjith kumar n, learned high court government pleader.2. this court adjourned the matter on 30.04.2026. in theearlier hearing, revision petitioner who has suffered an order of conviction for the offence punishable under section 379 of the indian penal code had undertaken to pay rs.50,000/- as additional fine so as to modify the sentence.3. however, since the revision petitioner could not make the payment, matter was adjourned to 16.06.2026.4. learned counsel for the revision petitioner sri radhakrishna shetty, has filed the memo on 16.06.2026 alongwith photocopy of the receipt for having deposited a sum of rs.50,000/-.5. learned high court government pleader would submit that since the revision petitioner has paid the sum of -3- rs.50,000/- as additional fine amount and he is a first time offender, suitable orders be passed.6. hence, the following:order(i) revision petition is allowed in part.(ii) while maintaining the conviction of theaccused for the offence punishable under section 379 of the indian penal code in c.c.no.731/2013 on the file of the jmfc (ii court), mangaluru, sentence ordered by the learned trial magistrate confirmed by the first appellate court is modified as under:(a) revision petitioner/accused is directed to pay enhanced fine amount of rs.50,000/- and period spent in custody shall be treated as period of imprisonment for the proved offence.(b) since the entire enhanced fine of rs.50,000/- is already deposited, revision petitioner/accused who is in jail at parappana agrahara, bengaluru, necessary information be communicated -4- to the jail superintendent, parappana agrahara, bengaluru, by registrar (judicial) to release the revision petitioner, forthwith. sd/- (v srishananda) judge kcm list no.: 1 sl no.: 43

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.415 OF 2018 (397(Cr.PC) / 438(BNSS) BETWEEN: HARISH POOJARY AGED 35 YEARS S/O LATE NARAYANA POOJARY, R/O BOLIYA SITE, KULAVOOR VILLAGE, BAJPE, MANGALORE TALUK - 575 014 D.K …PETITIONER (BY SRI. T RADHAKRISHNA SHETTY, ADVOCATE) AND: THE STATE BY KAVOOR POLICE STATION MANGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA

Digitally BENGALURU -560 001 signed by MALATESH KC …RESPONDENT Location: HIGH (BY SRI RANJITH KUMAR.N, HIGH COURT GOVERNMENT COURT OF PLEADER) KARNATAKA THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE

ORDER PASSED BY THE HON'BLE JMFC-II COURT, MANGALORE

IN C.C.NO.731/2013 DATED 01.02.2014 AND ORDER PASSED BY THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE IN CRL.A.NO.45/2014 DATED 22.07.2017 AND ACQUIT THE APPELLANT/REVISION PETITIONER. -2- THIS PETITION, COMING ON FOR HEARING, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri T.Radhakrishna Shetty, learned counsel for the revision petitioner and Sri Ranjith Kumar N, learned High Court Government Pleader.

2. This Court adjourned the matter on 30.04.2026. In the

earlier hearing, revision petitioner who has suffered an order of conviction for the offence punishable under Section 379 of the Indian Penal Code had undertaken to pay Rs.50,000/- as additional fine so as to modify the sentence.

3. However, since the revision petitioner could not make the payment, matter was adjourned to 16.06.2026.

4. Learned counsel for the revision petitioner Sri Radhakrishna Shetty, has filed the memo on 16.06.2026 alongwith photocopy of the receipt for having deposited a sum of Rs.50,000/-.

5. Learned High Court Government Pleader would submit that since the revision petitioner has paid the sum of -3- Rs.50,000/- as additional fine amount and he is a first time offender, suitable orders be passed.

6. Hence, the following:

ORDER

(i) Revision petition is allowed in part.

(ii) While maintaining the conviction of the

accused for the offence punishable under Section 379 of the Indian Penal Code in C.C.No.731/2013 on the file of the JMFC (II Court), Mangaluru, sentence ordered by the learned Trial Magistrate confirmed by the First Appellate Court is modified as under:

(a) Revision petitioner/accused is directed to pay enhanced fine amount of Rs.50,000/- and period spent in custody shall be treated as period of imprisonment for the proved offence.

(b) Since the entire enhanced fine of Rs.50,000/- is already deposited, Revision petitioner/accused who is in jail at Parappana Agrahara, Bengaluru, necessary information be communicated -4- to the Jail Superintendent, Parappana Agrahara, Bengaluru, by Registrar (Judicial) to release the revision petitioner, forthwith. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 43

Same Court & Year Karnataka · 2026 Same Parties Harish Poojary vs The State Same Judge V Srishananda