- 1 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 200095 OF 2020 (397(Cr.PC)/438(BNSS)) BETWEEN: HABUBAKAR @ ABUBAKAR S/O HAIMAD HUSSAIN PANPATTI, AGED: 40 YEARS, OCC:DRIVER, R/O. DODDASAGAR, TQ.SHORAPUR, DIST.YADGIRI-585201 …PETITIONER (BY SRI. SANJAY A. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SHORAPUR POLICE STATION, TQ.SHORAPUR, DIST.YADGIR-585201. REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH …RESPONDENT (BY SMT. ARATI PATIL ,HCGP) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO. a) ADMIT, CALL FOR LOWER COURT RECORDS. b) SET ASIDE THE IMPUGNED JUDGMENT DATED 28.09.2020 PASSED BY THE DISTRICT AND SESSIONS JUDGE, YADGIR IN CRIMINAL APPEAL NO.11/2019 ON ITS FILE, THEREBY CONFIRMING THE UPHOLDING THE JUDGMENT OF CONVICTION Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 DATED 04.07.2019 PASSED BY CIVIL JUDGE AND JMFC COURT, SHORAPUR IN C.C.NO.288/2012 CONVICTING THE PETITIONER/ACCUSED FOR THE OFFENCES P/U/SEC.279 OF IPC AND SENTENCING HIM PAY A FINE OF RS.1000/- AND IN DEFAULT TO UNDERGO S.I FOR ONE MONTH, FURTHER CONVICTING PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 337 OF IPC AND TO PAY A FINE OF RS.500/- AND IN DEFAULT TO UNDERGO S.I FOR ONE MONTH, FURTHER CONVICTING THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 338 OF IPC AND SENTENCING THE TO UNDERGO R.I FOR SIX MONTHS AND TO PAY A FINE OF RS.1000/- IN DEFAULT TO UNDERGO S.I FOR ONE MONTH AND CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 304-A OF IPC AND SENTENCING HIM TO UNDERGO R.I FOR ONE YEAR AND TO PAY A FINE OF RS.10,000/- AND CONVICTING FOR THE OFFENCE PUNISHABLE UNDER SECTION 187 OF M.V.ACT SENTENCING HIM TO PAY FINE OF RS.500/- AND IN DEFAULT TO UNDERGO S.I FOR ONE MONTH. c) ACQUIT THE PETITIONER OF ALL CHARGES IN C.C.NO.288/2012 ON THE FILE OF CIVIL JUDGE AND JMFC, SHORAPUR AND CRL.A.NO.11/2019 ON THE FILE OF DISTRICT AND SESSIONS JUDGE, YADGIR. (D) PASS ANY OTHER APPROPRIATE ORDER OR DIRECTION AS DEEMED FIT BY THIS HON'BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. 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) 1. Heard Sri. Sanjay A. Patil, learned counsel appearing for the petitioner and Smt. Arati Patil, learned High Court Government Pleader for the respondent. - 3 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 2. Revision petitioner is the accused who suffered an order of conviction in C.C.No.288/2012 confirmed in Criminal Appeal No.11/2019 for the offences punishable under Sections 279, 337, 338 and 304A of IPC, read with Section 187 of Motor Vehicles Act, 3. Facts which are utmost necessary for disposal of the present petition are as under: 3.1. In respect of a road traffic accident there was complaint lodged with Shorapur police by the complainant contending that, on 28.02.2011 at about 8.30 p.m., the revision petitioner being the driver of the auto rickshaw bearing KA-33/5478 drove the same in a rash and negligent manner and near Samandoddi-Sagar road, near Krishnapur bus stand, caused accident and thereby inmates of the auto rickshaw got injured, few of them suffered simple injuries and few of them grievous injures and one injured succumbed to the injuries. After thorough trial, accused has been convicted and sentenced as under: - 4 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 “ORDER Acting under sec. 255(2) of Cr.P.C the accused is hereby convicted for the offences punishable under sections 279, 337, 338, 304(A) of IPC and Sec.187 of MV Act. Accused is sentenced to pay the fine of Rs.1,000/- for the offence punishable U/s 279 of IPC. In default to pay fine he shall undergo Simple Imprisonment for a period of 1 month. Accused is sentenced to pay the fine of Rs.500/- for the offence punishable U/s 337 of IPC. In default to pay fine he shall undergo Simple Imprisonment for a period of 1 month. Accused is hereby sentenced to undergo R/I for 6 months and pay a fine of Rs.1000/- for the offence punishable under Sec. 338 of IPC. In default he shall undergo Simple Imprisonment for further period of 1 month. Accused is hereby sentenced to undergo R/I for one year and pay a fine of Rs.10,000/- for the offence punishable under Sec.304-A of IPC. In default he shall undergo Simple Imprisonment for further period of 3 month. Accused is sentenced to pay the fine of Rs.500/- for the offence punishable U/s 187 of M V Act. In default to pay fine he shall undergo Simple Imprisonment for a period of 1 month. The above sentences of imprisonment shall run concurrently. Bail bond and surety bond stand cancelled. During investigation, the IO released the vehicle the owner, the same is hereby made absolute. - 5 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 Acting under Sec. 357 (1) of Cr.P.C out of the fine amount a sum of Rs.2000/- shall be paid to the Pw-1 Mareppa, Rs.2000/- to PW-3 Sopanna and Rs.4000/- to the Pw-4 Yallappa the son of deceased Sidramayya as compensation and remaining Rs.5000/- shall be remitted to the government as fine amount. The office is here by directed to issue intimation of conviction order of the accused, to the licensing authority through the concerned investigation officer as required u/s 210 of Indian Motor Vehicles Act 1981.” 4. Being aggrieved by the order of conviction and sentence, accused filed an appeal before the District Court in Criminal Appeal No.11/2019. 5. Learned Judge in the first appellate Court after securing the records, heard the arguments of the parties and on re-appreciation of the material evidence, especially the support lent by the injured eyewitnesses, dismissed the appeal and confirmed the order of sentence. 6. Being aggrieved by the same, the accused is before this Court in this revision. 7. Sri. Sanjay Patil, learned counsel for the revision petitioner reiterating the grounds urged in the appeal, vehemently contended that, though injured eyewitnesses - 6 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 supported the case of the prosecution, it was the duty of the trial Magistrate to independently assess the rashness in the incident which is the sine qua non for recording an order of conviction for the offence under Section 337, 338 and 304A of IPC. Such an exercise has not been carried out by the learned trial Magistrate, vitiating the order of conviction and sentence, and thus, sought for allowing the revision petition. 8. Alternatively, Sri. Sanjay Patil, would contend that, in the event if this Court upholding the order of conviction, may consider the grant of probation for the accused as he is sole bread earner by enhancing the fine amount. 9. Per contra, Smt. Arati Patil, learned High Court Government Pleader supports the impugned Judgment. She would further contend that the material on record, especially the testimony of the injured eyewitnesses specifically make it clear that, it is the accused who was the driver of the offending auto rickshaw who drove the same in rash and negligent manner, resulting in turtuling the auto rickshaw - 7 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 and thereby, inmates have suffered the injuries and one of the inmates succumbed to the injuries and therefore, the order of conviction and sentence needs to be confirmed. 10. Having heard the arguments from both sides, this Court perused the material on record meticulously. 11. On such perusal of the records, accused being the driver of the offending auto rickshaw bearing No.KA-33/5478 is not in dispute. Admittedly, the injured witnesses being the inmates have supported the case of the prosecution by contending that, it is the accused who drove the auto rickshaw in a rash and negligent manner. 12. Witnesses especially P.W.3, P.W.7 and P.W.8 have specifically identified the accused before the Court. 13. They also deposed before the Court that, after the accident, instead of attending the injured accused ran away from the spot. - 8 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 14. Taking note of these aspects of the matter, the prosecution has established the incident by placing cogent evidence. 15. It was the duty of the accused to place his version on record about the incident. Accused failed to do so at the time of recording the accused statement under Section 313 of Cr.P.C. Under such circumstances, conviction of the accused by the trial Magistrate, confirmed by the first appellate Court needs no interference as the accused failed to explain the reason for the accident, nor placed his version on record. 16. The view of this Court in this regard is supported by the principals of law enunciated by the Hon’ble Apex Court in the case of Ravi Kapur Vs. State of Rajasthan, reported in (2012) 9 SCC 284. 17. Having said thus, it is noticed that, the wound certificates of the injured witnesses and the postmortem report would make it clear that, P.W.2, P.W.3 and P.W.7 have suffered the simple injuries and P.W.1 has suffered - 9 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 grievous injuries and one inmate by name Siddaramaiah Betegar died. 18. The postmortem report of deceased Siddaramaiah Betegar is marked as Ex.P.9. Taking note of these aspects of the matter, following the dictum of the Hon’ble Apex Court in the case of State of Punjab Vs. Sourabh Bakshi, reported in (2015) 5 SCC 182, since only one death has occurred, reducing the imprisonment from one year to six months would make the ends of justice. 19. Accordingly, in view of the foregoing discussions, the following order is passed: ORDER (i) The revision petition allowed in part; (ii) By maintaining the conviction of the accused for the offences under Sections 279, 337 and 338 of IPC and Section 187 of Motor Vehicles Act, sentence of imprisonment of one year for the offence punishable under Section 304A of IPC is reduced to six months; - 10 - HC-KAR NC: 2025:KHC-K:3437 CRL.RP No. 200095 of 2020 (iii) Rest of the sentence stands unaltered; (iv) Time is granted for the revision petitioner to surrender before the trial Court for serving the remaining part of sentence, till 30.07.2025; (v) Office is directed to send back the trial Court record with copy of this order forthwith for issue of a modified conviction warrant. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 64 CT:PK