'Every Sinner Has A Future': Karnataka High Court Modifies Sentence Of Two Convicted For Duplicating ATM Cards

The Karnataka High Court (Dharwad bench) recently modified the jail sentence of two men convicted for theft of ATM cards from the original card holders and duplicating the same and for drawing money from the accounts of the victims.

The court was hearing a plea challenging conviction for offence under Section 66(c) IT Act and Sections 380 (Theft in dwelling house, etc.) read with Section 34 IPC, and sentence of 3 years and 2 years imprisonment respectively.

While upholding the conviction, Justice V Srishananda modified the trial court order on sentence by considering the custody period already undergone by the petitioners from 01.03.2011 to 12.04.2011 as the period of imprisonment and observed:

"It is to be noted that every sinner has a future and criminal justice system should hate the crime and not the criminal".

The court said that the conviction order needed no interference inasmuch as there are sufficient materials on record which would conclusively establish that the petitioners did indulge in duplicating the ATM cards belonging to Prosecution Witness 1, 5 and 6 and thereafter had drawn money from their respective accounts through the aid of such duplicated ATM cards.

They misused the technology to their advantage and stole the passwords of the accounts of P.W.1, 5 and 6 and withdrew the money, the court added.

It noted that the Trial Magistrate had taken note of the fact that the petitioners are the first time offenders and petitioner No.1 has a young wife and a two year girl child to maintain and they have cooperated for the early disposal of the criminal case.

"Therefore, taking note of the fact that the petitioners were in custody for a period of 41 days which has been given set off by the learned Trial Magistrate between the period of 01.03.2011 to 12.04.2011 and by enhancing the fine amount to Rs.2,00,000/- payable by each of the petitioners, remaining period of sentence stands set aside, ends of justice would be met in the facts and circumstances of the case," the court said.

The court thus upheld the conviction and directed the petitioners to deposit Rs. 2,00,000 each payable on or before 20.02.2026 before the Trial Court failing which the petitioners shall surrender for serving remaining period of sentence.

"Out of the fine amount recovered, sum of Rs.50,000/-, Rs.50,000/- and Rs.25,000/- is ordered to be paid as compensation to P.W.1, 5 and 6 respectively taking note of the financial loss suffered by them in the incident," the court added.

The plea was partly allowed.

Case title: SAHADEVAPRASAD URF PRASAD & ANR. v/s THE STATE OF KARNATAKA

CRIMINAL REVISION PETITION NO. 100019 OF 2025

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