- 1 - NC: 2025:KHC:8806 CRL.RP No. 1636 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1636 OF 2024 BETWEEN: 1. MR. DHARANENDRA, S/O. MR. SHIVANNA, AGED ABOUT 54 YEARS, OCC: CAR DRIVER, BABBUR VILLAGE, HIRIYUR TALUK-572 143, CHITRADURGA DISTRICT. …PETITIONER (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY CHITRADURGA TRAFFIC POLICE, CHITRADURGA-577 501, REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE JUDGEMENT PASSED IN CRL.A.NO.71/2023 DATED 14.11.2024 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA AND THE JUDGEMENT SENTENCE DATED 05.07.2023 PASSED BY THE PRINCIPAL SENIOR CIVIL AND CJM JUDGE COURT, CHITRADURGA IN C.C.NO.88/2021 AND THEREBY REVISION PETITIONER/ ACCUSED WAS ACQUITTED FROM THE OFFENCES UNDER SECTIONS 279, 337 AND 304(A) OF IPC. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8806 CRL.RP No. 1636 of 2024 THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioner and the learned Additional SPP appearing for the respondent State. 2. The factual matrix of the case of the prosecution is that on 06.09.2020, the petitioner drove the vehicle in a rash and negligent manner and hit the motorcycle in which the injured persons and also the victim were proceeding. Having considered the material on record, the other witnesses are the injured witnesses and they have also sustained injuries and other child sustained inures and all of them took treatment and to that effect wound certificate is also produced before the Court. The Trial Court and the Appellate Court considering the material on record and also considering the evidence of the eye- witnesses P.W.1 and P.W.2, who are the parents of the victim and also considering the document of Ex.P.9 sketch, comes to the conclusion that it is a clear case of negligence on the part of the petitioner, who drove the vehicle in a rash and negligent manner and even though the road width was 25 feet, the - 3 - NC: 2025:KHC:8806 CRL.RP No. 1636 of 2024 petitioner caused the accident, that too when the motorcycle was proceeding ahead of the vehicle of the petitioner and the same is also on the 5 feet distance from the edge of the left side of the road and hence it is clear that the victim, P.W.1 and P.W.2 were proceeding on the edge of the road. As a result of negligence on the part of the petitioner, the accident was taken place. 3. Having considered both oral and documentary evidence placed on record, I do not find any perversity in the findings of both the Courts. Having considered the fact that the victim was aged about 5 years at the time of accident and P.W.1 and P.W.2 have lost their child aged about 5 years and on account of no fault on the part of P.W.1 and P.W.2 since they were proceeding on the very same direction on the right path and accident was occurred due to negligence on the part of the petitioner and it is an accident and not intentional act, this Court can meet the ends of justice by directing the petitioner to pay the compensation of Rs.2 lakhs to the victim family i.e., P.W.1 and P.W.2 instead of undergoing sentence. Hence, the conviction and sentence is modified by directing the petitioner to deposit an amount Rs.2 lakhs as compensation before the Trial Court within a period of two months from today. If the - 4 - NC: 2025:KHC:8806 CRL.RP No. 1636 of 2024 petitioner fails to deposit the amount within two months, the petitioner will not enure the benefit of this order. Out of Rs.2 lakhs, an amount of Rs.95,000/- each is ordered to be paid to P.W.1 and P.W.2, who are the parents of the victim and remaining amount of Rs.10,000/- shall vest with the State. 4. In view of the discussions made above, I pass the following: ORDER (i) The criminal revision petition is partly allowed. (ii) The sentence is modified by directing the petitioner to deposit the amount of Rs.2 lakhs as compensation before the Trial Court to the victim family within a period of two months from today. Out of Rs.2 lakhs, an amount of Rs.95,000/- each is ordered to be paid to P.W.1 and P.W.2, who are the parents of the victim and remaining amount of Rs.10,000/- shall vest with the State. (iii) If the petitioner fails to deposit the amount within two months, the petitioner will not enure the benefit of this order. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 27