- 1 - NC: 2025:KHC-D:4627 CRL.RP No. 100143 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100143 OF 2016 (397(Cr.PC)/438(BNSS)) BETWEEN: CHIDANAND S/O. BASAVANNEPPA JOTAWAR, AGE: 48 YEARS, OCC. NMKRTC DRIVER, R/O. PATTAN ONI, RABAKAVI, JAMAKHANDI TQ., BAGALKOTE DIST. …PETITIONER (BY SRI J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/S. 397 R/W SEC.401 OF CR.P.C., SEEKING TO CALL FOR THE RECORDS IN CRL.APPEAL NO.92/2012 ON THE FILE OF LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, SITTING AT JAMAKHANDI AND IN C.C.NO. 307/2009 ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE & JMFC., JAMKHANDI ALLOW THIS REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE, SITTING AT JAMAKHANDI IN CRL. APPEAL NO. 92/2012 DATED 16/06/2016 AND THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE & JMFC, V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.18 11:10:21 +0530 - 2 - NC: 2025:KHC-D:4627 CRL.RP No. 100143 of 2016 JAMKHANDI IN C.C.NO. 307/2009 DATED 02/08/2012 AND SET THE PETITIONER AT LIBERTY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri J. Basavaraj, learned counsel for revision petitioner and Sri Praveena Devaraddiyavara, learned High Court Government Pleader of respondent. 2. Accused who suffered an order of conviction for the offence punishable under Section 304-A as the major offence in C.C.No.307/2009 confirmed in Crl.A.No.92/2012 is the revision petitioner. 3. Facts in the nutshell for the disposal of the revision petition are as under: 4. Accused is a driver of KSRTC bus bearing No.KA-29/F-697 dashed against an auto rickshaw bearing No.KA-48/1917 on 08.03.2009 at about 7.20 a.m. resulting in the inmates of the auto rickshaw sustaining injuries. - 3 - NC: 2025:KHC-D:4627 CRL.RP No. 100143 of 2016 5. One among them is Jayashree, who suffered grievous injuries and she has been hospitalized for about ten days. 6. It is also contended on behalf of the revision petitioner that while boarding the auto rickshaw, again she fell down and she had further injuries which ultimately resulted in death of Jayashree and the same is not taken into consideration by the Trial Court and the death of Jayashree is on account of the accidental injuries sustained by her on 08.03.2009 and the same has been believed by the learned Trial Magistrate and learned Judge in the First Appellate Court resulted in miscarriage of justice and sought for allowing the revision petition. 7. Per contra, Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader of respondent supports the impugned order. 8. Having heard the parties in detail, following points would arise for consideration: - 4 - NC: 2025:KHC-D:4627 CRL.RP No. 100143 of 2016 1) Whether the material evidence placed on record would be sufficient enough to uphold the order of conviction of the revision petitioner for the offence punishable under Section 304-A of IPC on account of the accidental death of Jayashree in the road traffic accident that occurred on 08.03.2009 at about 7.20 a.m. involving auto rickshaw bearing No.KA-48/1917 and KSRTC bus bearing No.KA-29/F-697? 2) If not, whether the sentence needs modification? 3) What order? Regarding Points No.1 and 2: 9. In the case on hand, accident that occurred on 08.03.2009, at about 7.20 a.m., on Jamakhandi- Banahatti road near Harijankeri involving auto rickshaw bearing No.KA-48/1917 and KSRTC bus bearing No. KA- 29/F-697 stands established by placing cogent convincing evidence on record. 10. Accused being the driver of the said bus is not in dispute who has been charge sheeted by the police after thorough investigation. - 5 - NC: 2025:KHC-D:4627 CRL.RP No. 100143 of 2016 11. Injuries sustained by Jayashree (deceased in the road traffic accident) and other passengers sustaining injuries in the road traffic accident is established by placing cogent and convincing material evidence. 12. But according to the revision petitioner, said Jayashree sustained injuries while boarding auto rickshaw and after ten days of treatment. As such, there is no direct nexus between the accidental injuries and death of Jayashree, which has been ignored by the learned Trial Judge in the impugned judgment and so also the learned Judge in the First Appellate Court and therefore, sought for allowing the revision petition. 13. Material evidence on record however goes to show that Jayashree died on account of accidental injuries sustained by her. What exactly are the injuries that made the Jayashree to lose her life is not clearly established by the prosecution in the attendant facts and circumstances of the case. - 6 - NC: 2025:KHC-D:4627 CRL.RP No. 100143 of 2016 14. Taking note of the same and also taking note of the other material evidence on record, this Court is of the considered opinion that the conviction of the accused for the offence under Section 304-A of IPC needs a relook. 15. Taking note of the above factual aspects of the matter and for want of clinching evidence placed on record to establish the offences and sentence the accused for the offence under Section 304A of IPC, this court is of the considered opinion that if the conviction of the revision petition is maintained and if the sentence is set aside by enhancing the fine amount, the ends of justice would be met. 16. Thus, in the considered opinion of this Court that sentence of imprisonment needs to be set aside by enhancing the fine amount in a sum of Rs.50,000/- in the ends of justice especially in regard to the fact that the revision petitioner has lost vision of both the eyes and has undergone heart surgery. Accordingly, points No.1 and 2 are answered partly in the affirmative. - 7 - NC: 2025:KHC-D:4627 CRL.RP No. 100143 of 2016 17. In view of the finding of this Court on point No.1, as above, following order is passed. ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the order of conviction of the accused for the offence punishable under Section 304A of IPC, sentence ordered by the learned Trial Magistrate confirmed by the First Appellate Court is modified by directing the revision petitioner to undergo simple imprisonment for the day till the rising of the Court by paying the enhanced fine amount in a sum of Rs.50,000/-. (iii) Time is granted to pay the enhanced fine amount till 15.04.2025. (iv) After the fine amount is deposited, entire enhanced fine amount shall be paid as compensation to the dependents of deceased i.e., parents/husband/children, as the case maybe, under due identification. (v) Failure to pay the enhanced fine amount would result in restoration of the sentence of imprisonment as ordered by the learned Trial - 8 - NC: 2025:KHC-D:4627 CRL.RP No. 100143 of 2016 Magistrate confirmed by the First Appellate Court. Office is directed to return the Trial Court records with a copy of this order for issuing modified conviction order. SD/- (V.SRISHANANDA) JUDGE NAA Ct:pa List No.: 2 Sl No.: 34