- 1 - NC: 2025:KHC-D:6265 CRL.RP No. 100120 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100120 OF 2018 (397(Cr.PC)/438(BNSS)) BETWEEN: SURESH S/O. BASAVANTAPPA @ BASAVANNEPPA CHINAGUDI, AGE: 30 YEARS, OCC: DRIVER, R/O: GODACHI, NOW AT JUNIPET, RAMDURG TQ. BELAGAVI DIST. …PETITIONER (BY SRI. J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY ITS, RAMDURG POLICE STATION, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE LEARNED XI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI IN CRL. APPEAL NO.136/2017 DATED 27.03.2018 AND THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C., RAMDURG IN C.C. NO.278/2012 DATED 16.06.2017 UNDER SECTIONS 279, 304-A OF IPC AND UNDER SECTION 134 R/W 187 OF M.V. ACT AND SET THE PETITIONER AT LIBERTY IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.19 10:31:01 +0530 - 2 - NC: 2025:KHC-D:6265 CRL.RP No. 100120 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Complainant – Ningpapa is present before the Court so also the accused is also present. 2. After addressing the arguments at length, Sri.J.Basavaraj, learned counsel files a memo without prejudice to rights of the revision petitioner. Memo reads as under: “The petitioner in the above case most humbly prays that the Hon’ble Court may be pleased to permit the petitioner to adopt enhanced fine amount without prejudice as he is also not feeling well, to meet the ends of justice. Hence, this memo.” 3. Taking note of the attendant facts and circumstances of the case, conviction of the accused for the offences punishable under Section 279 and 304A of IPC, Section 3 read with Section 181 and Section 134 read with Section 187 of IMV Act, needs no interference. 4. However, since the daughter of the complainant is the one who has lost the life in the road traffic accident and taking note of the health condition of the present petitioner who is suffering from serious ill health which has been - 3 - NC: 2025:KHC-D:6265 CRL.RP No. 100120 of 2018 confirmed by the defacto complainant and learned High Court Government Pleader, sentence ordered by the learned Trial Magistrate needs to be modified by directing the revision petitioner to undergo simple imprisonment for a day till the rising of the Court and by enhancing the fine amount in a sum of Rs.75,000/- to be paid on or before 15.05.2025 which can be paid as compensation to the complainant under due identification. 5. While modifying the sentence, it is also noticed that the vehicle did not have the insurance and the accused has paid sum of Rs.3,65,000/- which is the amount of compensation adjudged by the Motor Vehicles Claim Tribunal in MVC No.680/2013. 6. Hence, the following: ORDER i. Criminal revision petition is allowed in part. ii. While maintaining the conviction of the revision petitioner for the offences punishable under Section 279 and 304A of IPC, Section 3 read with Section 181 and Section 134 read with Section 187 of IMV Act, sentence ordered by the learned - 4 - NC: 2025:KHC-D:6265 CRL.RP No. 100120 of 2018 Trial Magistrate confirmed by the First Appellate Court is modified as under: a. Accused/ revision petitioner is directed to undergo simple imprisonment for a day till the rising of the Court and to pay enhanced fine of Rs.75,000/- on or before 15.05.2025. iii. Failure to pay the enhanced fine amount of Rs.75,000/- would result in automatic restoration of the sentence ordered by the learned Trial Magistrate confirmed by the First Appellate Court. iv. After receipt of the enhanced fine amount of Rs.75,000/-, same shall be paid as compensation to the complainant/PW-1 under due identification. Office is directed to return the Trial Court Records with copy of this order forthwith. SD/- (V.SRISHANANDA) JUDGE KAV/List No.: 2 Sl No.: 30