- 1 - HC-KAR NC: 2025:KHC-K:3280 CRL.RP No. 200014 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 200014 OF 2021 (397(Cr.PC)/438(BNSS)) BETWEEN: HASAN S/O SULTAN SAB KALMANDARGI, AGE:30 YEARS, OCC: DRIVER, R/O. SADLAPUR VILLAGE, TQ. BASAVAKALYAN, DIST. BIDAR-584101 …PETITIONER (BY SRI. RAJESH G. DODDAMANI, ADVOCATE) AND: THE STATE THROUGH KAMALAPUR POLICE STATION, NOW REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH-585103. …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.RP IS FILED UNDER SECTION 397(1) OF CR.P.C PRAYING TO, SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC DATED 05.02.2019 PASSED IN C.C.NO.1505/2015 AND FURTHER SET ASIDE THE ORDER OF CONVICTION PASSED BY THE I ADDL. DIST. AND SESSIONS JUDGE, KALABURAGI IN CRL.APPEAL NO.15/2019 DATED 17.11.2020 AND BE PLEASED TO ACQUIT THE REVISION PETITIONER IN C.C.NO.1505/2015 REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC.279, 304-A OF INDIAN PEANL CODE AND U/SEC.187 OF IMV ACT. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3280 CRL.RP No. 200014 of 2021 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri.Rajesh Doddamani, learned counsel appearing for the petitioner and Sri. Veeranagouda Malipatil, learned High Court Government Pleader for the respondent- State. 2. The revision petitioner is the accused who has suffered an order of conviction in C.C.No.1505/2015 and sentenced as under: “ORDER The accused is found guilty for the offences punishable U/Sec. 279, 304-(A) of Indian Penal Code and 187 of Motor Vehicles Act. In exercise powers conferred U/Sec. 251(2) of Cr.P.C. the accused is convicted for the offence punishable U/Sec. 279 of IPC and he is sentenced to pay fine of Rs.1000/-, in default he shall undergo simple imprisonment for the period of one month. The accused is convicted for the offence punishable U/Sec. 304-(A) of IPC and sentenced to - 3 - HC-KAR NC: 2025:KHC-K:3280 CRL.RP No. 200014 of 2021 undergo simple imprisonment for period of Six months and to pay fine of Rs.5000/-, in default in payment of fine amount he shall undergo simple imprisonment for the period of one month. The accused is convicted for the offence punishable U/Sec. 187 of M.V.Act and he is sentenced to pay fine of Rs.500/-, in default he shall undergo simple imprisonment for 15 days. The bail bond of the accused shall stands cancelled. Office is directed to supply free copy of the Judgment to the accused forthwith.” 3. The validity of the order of conviction and sentence was challenged before the District Court in Criminal Appeal No.15/2019. 4. The learned Judge in the first appellate Court after securing the records re-appreciated the material evidence on record in a judicious manner and dismissed the appeal vide Judgment dated 17.11.2020. Being further aggrieved by the same, the accused is before this Court. - 4 - HC-KAR NC: 2025:KHC-K:3280 CRL.RP No. 200014 of 2021 5. Facts in the nutshell for disposal of the present criminal revision petition are as under: 5.1. A complaint came to be lodged with Kamalapur Police Station, contending that, on 31.08.2014 at about 11.30 p.m. on Gulbarga-Humnabad road, near Char Kaman Bridge, the accused being the driver of the Chevrolet car bearing registration No.KA-39/M-1606 drove the same in a rash and negligent manner and dashed against a motorcyclist who was riding the Hero Honda Motorcycle bearing registration No.KA-32/U-6868 and whereby, the rider of the motorcycle fell down and suffered grievous injuries on the head and died on the spot. After causing the accident, the driver of the car ran away from the spot, leaving the car there itself. 5.2. Police after registration of the case, conducted detailed investigation and filed the charge-sheet against the accused. 5.3. After due trial, accused was convicted by considering the oral testimony of P.W.1 to P.W.9 coupled - 5 - HC-KAR NC: 2025:KHC-K:3280 CRL.RP No. 200014 of 2021 with documentary evidence placed on record vide Ex.P.1 to P.11. 6. Being aggrieved by the same, the accused filed an appeal in Criminal Appeal No.15/2019 which also came to be dismissed on merits. Being further aggrieved by the same, accused is before this Court in this revision petition. 7. Sri. Rajesh Doddamani, learned counsel for the revision petitioner reiterating the grounds urged in the revision petition vehemently contended that, both the courts have not properly appreciated the material evidence on record and wrongly convicted the accused for the offences under Sections 279, 304A of IPC and Section 187 of the Motor Vehicles Act, resulting in miscarriage of justice and sought for allowing the revision petition. 8. Per contra, Sri Veeranagouda Malipatil, learned High Court Government Pleader supports the impugned judgment. He would further contend that there is no dispute that the revision petitioner was the driver of the Chevrolet - 6 - HC-KAR NC: 2025:KHC-K:3280 CRL.RP No. 200014 of 2021 car bearing registration No.KA-39/M-1606 on the date accident. He further contended that, it is also found from the material evidence on record including the oral testimony of the prosecution witnesses that after the accident, the accused/revision petitioner ran away from the spot without even attending the injured. 9. Taking note of these aspects of the matter, the Trial Court and the First Appellate Court were justified in recording an order of conviction and sought for dismissal of the revision petition. 10. Having heard the arguments on both sides, this Court perused the material on record meticulously. On such perusal of the material on record, it is crystal clear that the revision petitioner was the driver of the Chevrolet car bearing registration No.KA-39/M-1606. The accident occurred near the Char Kaman Bridge, within the limits of Kamalapur Police Station, for which, the eyewitnesses have supported the case of the prosecution. - 7 - HC-KAR NC: 2025:KHC-K:3280 CRL.RP No. 200014 of 2021 11. In the accident, rider of the Hero Honda Motorcycle bearing registration No.KA-32/U-6868 sustained grievous injuries on his head and died on the spot. 12. The revision petitioner without attending the injured ran away from the spot. These aspects of the matter has been rightly appreciated by both the Courts, especially in the absence of any version of the accused being made available, the order of conviction recorded by the Trial Magistrate and confirmed by the First Appellate Court needs no interference in view of the principles of law enunciated by the Honorable Apex Court in the case of Ravi Kapur Vs. State of Rajasthan reported in (2012) 9 SCC 284. 13. This would take this Court to the next point that is urged on behalf of the revision petitioner that the accused is entitled for an order of probation by enhancing the fine amount. 14. In the case of State of Punjab Vs. Saurabh Bakshi reported in (2015) 5 SCC 182, the Honourable Apex Court, has clearly ruled that in a matter of this nature, - 8 - HC-KAR NC: 2025:KHC-K:3280 CRL.RP No. 200014 of 2021 the accused cannot have the benefit of the Probation of Offenders Act. 15. The Trial Magistrate has granted six months simple imprisonment for the offence under Section 304A of IPC, which requires no interference in view of the principles enunciated in the case of State of Punjab Vs. Saurabh Bakshi. 16. Accordingly, the following: ORDER (a) The revision petition is meritless and hereby dismissed. (b) Time is granted for the revision petitioner to surrender before the Trial Court for serving remaining part of the sentence till 20.07.2025. Sd/- (V SRISHANANDA) JUDGE SVH,RSP List No.: 1 Sl No.: 71 CT:PK