Karnataka High Court
CRL.RP/1114/2026 of MANJUNATH GANAPATHI HEGDE Vs SATHISH GURUMOORTHI BHAT on 29 July 2026
CNR: KAHC010471222026 NC: 2026:KHC:39594 CRL.RP No. 1114 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1114 OF 2026 BETWEEN: 1. MANJUNATH GANAPATHI HEGDE, S/O GANAPATHI HEGDE,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL REVISION PETITION NO.1114 OF 2026
BETWEEN:
1.
MANJUNATH GANAPATHI HEGDE,
S/O GANAPATHI HEGDE,
AGED ABOUT 60 YEARS,
R/AT NO.283, 4TH ‘B’ CROSS,
10TH MAIN, RPC LAYOUT,
VIJAYA NAGAR,
BENGALURU-560040.
…PETITIONER
(BY SRI. K. DIWAKARA, SENIOR COUNSEL A/W
SRI. SHIVA SRINIVASAN, ADVOCATE)
AND:
1.
SATHISH GURUMOORTHI BHAT,
S/O POOJARI,
AGED ABOUT 51 YEARS,
R/AT NO.10,
KRISHNAPPA KUTTI BUILDING,
3RD FLOOR, 9TH CROSS,
4TH MAIN ROAD, S.R.NAGAR,
BENGALURU-560027.
…RESPONDENT
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF
CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE
THE DISMISSAL ORDER PASSED BY THE LXXIII ADDL. CITY
CIVIL AND SESSIONS JUDGE MAYOHALL UNIT, BENGALURU
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
(CCH-74) IN CRL.A.NO.25162/2022 DATED 04.05.2026 AND
THE
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ORDER
OF CONVICTION AND SENTENCE IN C.C.NO.53511/2015 PASSED BY THE HONBLE XVII ADDL. JUDGE, COURT OF SMALL CAUSES AND ADDL. CMM, MAYOHALL UNIT, BENGALURU (SCCH-21) DATED 01.01.2019.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
This matter is listed for admission. This Court had heard the matter in the previous occasion and the learned counsel for the revision petitioner sought time to get instructions from the client. Today, the Senior Counsel comes before the Court by relying upon the judgment of the Apex Court in the case of JASMAIR SINGH AND ANOTHER v. STATE OF HARYANA AND ANOTHER arising out of SLP (Crl.) No.5724/2022 dated 05.09.2022 and contend that the Trial Court committed an error and once the joint memo was filed, ought not to have passed an order to undergo sentence.
2. On perusal of the impugned order, the Trial Court while answering point No.2 observed that under the peculiar circumstances, I am of the opinion that it is not necessary to impose fine to recover the expenses of litigation. The Trial
HC-KAR
Court when the parties settled the matter without any trial, appreciated the same and also made it clear that if the accused fails to pay the amount mentioned in the joint memo within the stipulated time, the accused shall undergo simple imprisonment for a period of six months and that is also only a default sentence and no substantive sentence is imposed by the Trial Court. Hence, the very contention of the learned counsel for the revision petitioner cannot be accepted. Having perused the material available on record, the joint memo was filed in 2018 itself and the same was considered by the Trial Court. The Appellate Court also considering the material available on record taken note of the same. When such being the case, I do not find any grounds to entertain the revision petition considering the liability was admitted long back in 2018 and the question of giving any installment also does not arise.
3. Accordingly, the criminal revision petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 55