- 1 - NC: 2025:KHC:6898 CRL.RP No. 942 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 942 OF 2021 BETWEEN: 1. KISHAN KUMAR S/O NARAYANA BANGERA AGED ABOUT 40 YEARS, R/O OPP. ST. JOSEPH ENGLISH COLLEGE, VAMANJUR, THIRUVILU VILLAGE, MANGALURU TALUK AND DISTRICT-575 001. …PETITIONER (BY SRI. P.B.UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA KAPU POLICE STATION, UDUPI DISTRICT-574 106 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C OF PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 12.01.2017 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C., Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6898 CRL.RP No. 942 of 2021 UDUPI IN C.C.NO.2166/2013 CONFIRMED BY THE JUDGMENT AND ORDER DATED 26.07.2021 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI IN CRL.A.NO.09/2017 (CONVICTED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279, 337, 338, 304A OF IPC) AND ACQUIT THE PETITIONER OF THE CHARGE LEVELED AGAINST HIM. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. Heard the learned counsel for revision petitioner and also the counsel for respondent-State. 2. This revision petition is filed against the order of conviction and sentenced passed in C.C.No.2166/2013 wherein petitioner was convicted for the offences punishable under Section 279, 337, 338 and 304A of I.P.C and maximum punishment imposed is one year for the offence punishable under Section 304A of I.P.C and also convicted for other offences but sentence shall run concurrently and also the challenge made against the concurrent finding of the order passed in Crl.A.No.9/2017. - 3 - NC: 2025:KHC:6898 CRL.RP No. 942 of 2021 3. The factual matrix of case of the prosecution before the Trial Court is that on 29.04.2013, this petitioner being the driver of Innova car drove the same from Udupi towards Mangaluru side on NH -66 in a rash and negligent manner during the night hours that is at 1.00 a.m., when the petitioner reached infront of Narayana Guru Mandira, Muloor village, Kapu the petitioner drove the car and dashed against an alto car bearing No. KA 20 P 5298 and the same was driven by CW2 Harish Shetty, as a result of accident, CW1 Prathibha Harish and accused have sustained simple injuries. The CW2, CW3 and CW7 have sustained grievous injuries and inmate of the Alto car by name Shamith Shetty has sustained grievous head injuries, who died on 29.04.2013 at about 11.45 a.m., due to the injuries sustained by him and the Police have registered the case in Cr.No.129/2013 and the accused was arrested and this petitioner who is the driver cum owner of the vehicle was arrested and late he was released and Police have investigated the matter and filed the charge sheet. The prosecution in order to prove the case, examined witnesses - 4 - NC: 2025:KHC:6898 CRL.RP No. 942 of 2021 PW1 to PW5 and got marked Ex.P1 to Ex.P10. The accused also subjected to 313 statement and he did not lead any evidence before the Trial Court. The Trial Court having considered the evidence available on record. Though defense was taken that the driver of the Alto car only drove the vehicle in rash and negligent manner and dashed against the Innova car and the same was not proved. 4. Having considered the evidence of PW1 who has sustained simple injuries and the PW2, PW3 and PW7 have sustained injury considering the eye witnesses evidence, convicted for the above offences and they sentenced and the same is confirmed by the First Appellate Court in Crl.A.No.9/2017. This Court heard the petitioner’s counsel and also counsel for the respondent/State. During the course of argument, the suggestion was made with regard to the increase of fine amount is concerned as the deceased was aged about 28 years. The counsel for the petitioner took time to make submission and today comes forward to make the payment of compensation of Rs.2,00,000/-. - 5 - NC: 2025:KHC:6898 CRL.RP No. 942 of 2021 5. The counsel for the respondent-State would submits that at the age of 28 years, the victim lost his life and the Court has to take note of the said fact into consideration. 6. Having heard the learned counsel for revision petitioner and also the counsel for respondent-State and having perused the factual aspects of the case, the incident was taken place in the mid night at 1.00 a.m. and it is an accident and the date of accident was also 29.04.2013 and inmate of the car lost his life. Taking into note of factual aspects that the accident was taken place in the midnight at about 1.00 a.m and also it is an head on collusion with two vehicle and having considered the sketch which was marked before the Trial Court and other side vehicle came in opposite direction and this car is having width of 14 feet at the place of accident and opposite side car in which victim was traveling was also having 10 feet width of the road in terms of Ex.P7 and considering the factual aspect and incident was taken place for more than a decade and in several cases also, the Hon’ble Supreme Court taking into - 6 - NC: 2025:KHC:6898 CRL.RP No. 942 of 2021 note of the factual aspects imposed the fine enhancing the same. Though the Trial Court convicted for the offence under Section 279 of I.P.C also and once the ingredients of Section 279 merges with Section 304A, question of convicting and sentencing for the offence punishable under Section 279 of I.P.C does not arise. However, the victim have been examined before the Trial Court and eye witnesses have also sustained injuries and invoked the provisions under Section 337 and 338 and loss of life is concerned, offence under Section 304A of I.P.C was invoked and having considered the material on record, instead of ordering for simple imprisonment for a period of one year is concerned and the same is modified directing the petitioner to pay an amount of Rs.3,00,000/- instead of imprisonment and the conviction is confirmed and sentence is modified directing to pay compensation of Rs.3,00,000/- within six weeks and out of an amount of Rs.3,00,000/- it is ordered to release the amount of Rs.1,45,000/- each to his father and mother on proper identification. If any one of the parents are not alive, entire amount of Rs.2,90,000/- is - 7 - NC: 2025:KHC:6898 CRL.RP No. 942 of 2021 payable to one of the parent who is alive within stipulated time. The remaining amount of Rs.10,000/- shall vest with the State. Accordingly, this revision petition is disposed of. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 33