- 1 - HC-KAR NC: 2025:KHC-D:7893 CRL.RP No. 100204 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE K V ARAVIND CRIMINAL REVISION PETITION NO.100204 OF 2021 (397(cr.pc)/438(bnss)) BETWEEN: SIDDAPPA S/O. GURUNATH SHETAVA, AGE. 33 YEARS, OCC. PRIVATE JOB, R/AT. SHIVSHANKAR COLONY, SHIKKALGAR TANDA, SIDDARUD MAT CROSS, OLD HUBBALLI, HUBBALLI-580024. …PETITIONER (BY SRI GOURISHANKAR H.MOT, ADVOCATE; SRI. HIRANKUMAR PATEL, ADVOCATE FOR WIFE OF VICTIM) AND: THE STATE OF KARNATAKA, THROUGH THE INVESTIGATION OFFICER, SOUTH TRAFFIC POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 AND 401 OF CR.P.C., PRAYING TO ALLOW THIS CRIMINAL REVISION PETITION BY SETTING ASIDE THE JUDGMENT OF CONVICTION DATED 30.08.2018 PASSED IN CRL.A.NO.113/2015 PASSED BY THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI BY CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 23.09.2015 IN C.C. NO.957/2015 PASSED BY THE JMFC 1ST COURT, AT: HUBBALLI, CONVICTING THE PETITIONER FOR THE OFFENSE PUNISHABLE UNDER SECTIONS 279, 304(A) OF IPC AND SECTION 187 AND 196 OF MV ACT AND ACQUIT THE PETITIONER FROM ABOVE CHARGES AND ETC.,. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:7893 CRL.RP No. 100204 of 2021 THIS CRIMINAL REVISION PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE K V ARAVIND) The instant revision petition is filed by accused calling in question the order dated 23.09.2015 passed in C.C. No.957/2015 by the learned JMFC, First Court, Hubballi, and the judgment of conviction dated 30.08.2018 passed in Criminal Appeal No.113/2015 by the learned V Additional District and Sessions Judge, Dharwad, sitting at Hubballi. 2. The case put forth by the prosecution against the accused is that, on 24.11.2012 at around 9:45 p.m., near Harsha Bakery on R.N. Shetty Factory Road, Hubballi, the accused, while riding his motorcycle bearing registration No. KA-27/S-6665 in a rash and negligent manner, collided with another motorcycle bearing registration No. KA-19/X-7147, which was proceeding in the opposite direction. The rider of the said motorcycle sustained grievous injuries and subsequently succumbed to the same. It is further alleged that the motorcycle bearing No. KA-27/S-6665, ridden by the accused, was not covered by a valid license as on the date of the - 3 - HC-KAR NC: 2025:KHC-D:7893 CRL.RP No. 100204 of 2021 incident. A charge sheet came to be filed for the offences punishable under Sections 279 and 304-A of the Indian Penal Code, and Sections 187 and 196 of the Motor Vehicles Act. 3. The Trial Court, upon appreciation of the evidence on record, convicted the accused for the offences punishable as stated above. 4. The accused preferred an appeal in Criminal Appeal No.113/2015 before the Appellate Court. The Appellate Court, while confirming the judgment of the Trial Court, dismissed the appeal. 5. The present revision petition is filed challenging the judgments of both the Trial Court and the Appellate Court. The matter was listed for final hearing. 6. Learned counsel for the petitioner has filed a joint memo under Sections 359(6) and 359(8) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The said joint memo is signed by the accused–petitioner and the wife and legal representatives of the deceased, Sri Murari Athani. It is pertinent to note that the wife of the deceased is not a party to - 4 - HC-KAR NC: 2025:KHC-D:7893 CRL.RP No. 100204 of 2021 the present proceedings. As per the contents of the joint memo, the accused and the wife of the deceased have entered into a compromise in respect of compensation. 7. Perusal of the joint memo indicates that the wife of the deceased had preferred a claim petition under the Motor Vehicles Act, pursuant to which an award has been passed. Execution Petition No.183/2018 has been filed for execution of the said judgment and award before the Principal Senior Civil Judge and JMFC Court, Hubballi. The wife of the deceased has agreed to settle the dispute for a sum of ₹3,20,000/-. 8. The parties are present before the Court and have been duly identified by their respective counsel. They submit that the settlement has been arrived at voluntarily, out of their free will and without any coercion. 9. Upon specific query put to Smt. Sujatha, wife of the deceased Murari Athani, regarding the consequences of the joint memo, she has expressed her complete understanding of the same, particularly with respect to the reduction in the compensation awarded by the Motor Vehicles Tribunal. - 5 - HC-KAR NC: 2025:KHC-D:7893 CRL.RP No. 100204 of 2021 10. Smt. Sujatha, wife of the deceased Murari Athani, is identified by the learned counsel Sri Hirankumar Patel, who has also endorsed the joint memo. The affidavit filed by Smt. Sujatha is taken on record. 11. Learned counsel for the petitioner submits that, in view of the compromise entered into between the petitioner and the wife of the deceased, the sentence of imprisonment may be modified and substituted with a fine amount, while maintaining the order of conviction. 12. This Court, in similar circumstances in Crl.RP. No.100073/2022 has accepted a joint memo for settlement of the dispute, confirmed the conviction, and substituted the sentence of imprisonment with a fine. The facts involved in the said case and the present case are identical. The learned Additional Government Advocate has not seriously opposed the course of action suggested in the joint memo filed by the parties. 13. In the light of the foregoing discussion, the following order is passed: - 6 - HC-KAR NC: 2025:KHC-D:7893 CRL.RP No. 100204 of 2021 ORDER The order dated 23.09.2015 passed in CC No.957/2015 passed by the JMFC 1st Court, Hubballi and judgment passed in Crl.A.No.113/2015 dated 30.08.2018 by the V Addl. District and Sessions Judge, Dharwad sitting at Hubballi are confirmed to the extent of recording conviction. The sentence of imprisonment is set aside and substituted with fine. The fine amount as stated by the learned counsel for the parties is included in the compensation of Rs.3,20,000/- already paid. His submission is taken on record. Accordingly, revision petition is disposed of. Sd/- (K V ARAVIND) JUDGE HMB CT: UMD List No.: 1 Sl No.: 17