- 1 - HC-KAR NC: 2025:KHC-D:9286 CRL.RP No. 100050 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND CRIMINAL REVISION PETITION No. 100050 OF 2021 (397(Cr.PC)/438(BNSS)) BETWEEN: 1. DYAMANNA, S/O BASAPPA HARIHARA, AGE: 24 YEARS, OCC: DRIVER, R/O KANAKAPURA, TQ AND DIST: HAVERI-581110. …PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYADAGI POLICE STATION, REPTD. BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580008. …RESPONDENT (BY SRI T. HANUMAREDDY, AGA) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 11/12/2020 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT HAVERI (SITTING AT RANEBENNUR) IN CRL.A.No.15/2020 Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9286 CRL.RP No. 100050 of 2021 WHICH HAD CONFIRMED THE JUDGMENT AND ORDER OF CONVICTION DATED 27/01/2020 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, BYADAGI, IN CC No.117/2017 AND KINDLY ALLOW CRIMINAL REVISION PETITION, AND CONSEQUENTLY ACQUIT THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 279, 337, 304A OF IPC AND SEC.3, 134 R/W SEC.181 AND 187 OF MV ACT. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER (PER: THE HON'BLE MR. JUSTICE K V ARAVIND) Heard Sri Naveen Chatrad, learned counsel for the petitioner, and Sri T. Hanumareddy, learned Additional Government Advocate for the respondent-State. 2. This Criminal Revision Petition is filed by the accused challenging the judgment of conviction and order of sentence dated 27.01.2020 passed in C.C. No.117/2017 by the Court of the Senior Civil Judge and JMFC, Byadgi (hereinafter referred to as the 'Trial Court'), and the judgment of conviction and sentence dated 11.12.2020 passed in Crl.A. No.15/2020 by the Court of the II Additional District and Sessions Judge, Haveri, sitting at Ranebennur (hereinafter referred to as the 'Appellate Court'). - 3 - HC-KAR NC: 2025:KHC-D:9286 CRL.RP No. 100050 of 2021 3. It is the case of the prosecution that on 16.02.2015, the accused, being the driver of a passenger Tempo vehicle bearing registration No.KA-27-3047, drove the said vehicle in a rash and negligent manner and dashed against a Hero Honda Splendor Plus motorcycle bearing registration No.KA-27-R- 6568. As a result of the said accident, the rider and the pillion riders of the two-wheeler sustained grievous injuries and succumbed to the same. A passenger travelling in the Tempo vehicle also sustained simple injuries. The Investigating Officer submitted a charge sheet for the offences punishable under Sections 279, 337, and 304-A of the Indian Penal Code, 1860, and Sections 3, 134 read with Section 181 and Section 187 of the Motor Vehicles Act, 1988. 4. In order to prove its case, the prosecution examined 9 witnesses as PWs.1 to 9 and marked Exhibits P.1 to P.23. The statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, 1973. The Trial Court appreciating the oral and documentary evidence on record, convicted the accused for the offences punishable under Sections 279, 337, and 304-A of the Indian Penal Code, 1860, - 4 - HC-KAR NC: 2025:KHC-D:9286 CRL.RP No. 100050 of 2021 and Sections 3, 134 read with Section 181 and Section 187 of the Motor Vehicles Act, 1988. 5. Being aggrieved by the judgment of conviction and order of sentence passed by the Trial Court, the accused preferred Criminal Appeal No.15/2020. The Appellate Court, upon re- appreciation of the evidence on record, dismissed the appeal and confirmed the judgment of conviction and order of sentence passed by the Trial Court. 6. Sri Naveen Chatrad, learned counsel for the petitioner, submits that the accident occurred due to the contributory negligence of the rider of the two-wheeler. He submits that the place of the accident was a curved stretch of road, and the rider of the two-wheeler lost control and collided with the offending four-wheeler driven by the accused. It is further submitted that the accused was driving the vehicle with due care and caution, and the deceased succumbed to injuries solely due to the negligence of the rider of the two-wheeler. Learned counsel also submits that the evidence on record is insufficient to sustain the conviction of the accused for the alleged offences. - 5 - HC-KAR NC: 2025:KHC-D:9286 CRL.RP No. 100050 of 2021 7. Sri T. Hanumareddy, learned Additional Government Advocate appearing for the respondent-State, submits that the prosecution has established its case by examining PWs.1 and 2, who are eyewitnesses to the incident and whose presence at the spot is not in doubt. He further submits that the spot sketch marked as Ex.P.3 clearly demonstrates that the accused was on the wrong side of the road at the time of the accident. It is submitted that although the victims were riding triple on the motorcycle, the accident occurred due to the rash and negligent driving of the accused. 8. The factum of the accident involving the passenger Tempo vehicle bearing registration No. KA-27-3047 and the Hero Honda Splendor Plus motorcycle bearing registration No. KA-27-R-6568 is not in dispute. The allegation against the accused is that on 16.02.2015 at about 5:00 p.m., he drove the passenger Tempo in a rash and negligent manner and dashed against the two-wheeler, which was carrying a rider and two pillion riders. PWs.1 and 2, who are eyewitnesses to the incident, have given a detailed account of the occurrence. Their testimonies are consistent and corroborate with the complaint marked as Ex.P.1. The involvement of the passenger Tempo - 6 - HC-KAR NC: 2025:KHC-D:9286 CRL.RP No. 100050 of 2021 vehicle in the accident is established through the IMV report marked as Ex.P.23. The prosecution has further proved that the said vehicle was being driven by the accused at the relevant point in time. On the strength of the aforesaid evidence, the occurrence of the accident and the resultant death of three persons stand proved by the prosecution. 9. The principal defence urged is that the accident did not occur due to the rash and negligent driving of the accused. However, PWs.1 and 2 have clearly deposed that the accident occurred solely due to the rash and negligent manner in which the accused drove the vehicle. Ex.P.1 is the complaint and Ex.P.3 is the spot sketch. The oral testimonies of PWs.1 and 2 are in conformity with Exs.P.1 and P.3. Ex.P.3 reveals that the width of the road at the accident site is 21 feet and the road is curved. It further indicates that the passenger Tempo vehicle was on the extreme right side of the road, thereby leaving inadequate space for the two-wheeler to pass. The presence of the vehicle beyond the centre line of the road strongly indicates rash and negligent driving on the part of the accused. When Ex.P.3 – the spot sketch – is read in conjunction with the oral testimonies of PWs.1 and 2, the conclusion reached by both the - 7 - HC-KAR NC: 2025:KHC-D:9286 CRL.RP No. 100050 of 2021 Trial Court and the Appellate Court that the accused was driving the vehicle in a rash and negligent manner is justified. Ex.P.3 is further corroborated by Ex.P.2 – the spot mahazar. There is no significant evidence brought on record to discredit Ex.P.2. 10. Though the prosecution witnesses were extensively cross- examined by the defence, nothing substantial was elicited to dislodge their credibility or to disprove their version of events. In light of the above, the findings recorded by the Trial Court and the Appellate Court, based on a proper appreciation of both oral and documentary evidence, holding the accused guilty of rash and negligent driving resulting in the death of three persons, do not call for interference. Hence, the conviction of the accused is confirmed. 11. At this juncture, learned counsel for the petitioner submits that the incident occurred in the year 2015 and the accused was 23 years of age at the time. It is submitted that the accused is now married and is the sole breadwinner for his parents and grandparents. It is further submitted that the offending vehicle was not insured at the time of the accident, - 8 - HC-KAR NC: 2025:KHC-D:9286 CRL.RP No. 100050 of 2021 and the petitioner has personally paid the compensation claimed by the legal representatives of the deceased persons in respect of the death of three individuals. 12. Having regard to the peculiar circumstances of the case namely, that the accident occurred in the year 2015, the petitioner has paid compensation to the claimants in respect of the death of three persons, and further considering that the petitioner is now married and the sole earning member supporting his aged parents and grandparents, this Court is of the view that it would be appropriate to modify the sentence of imprisonment to one of fine. 13. For the aforesaid reasons, the following; (i) Criminal Revision Petition is allowed. (ii) The order of the trial Court in C.C.No.117/2017, dated 27.01.2020 and further confirmed by the Appellate Court in Crl.A.No.15/2020, dated 11.12.2020, is hereby confirmed to the extent of recording conviction for the offences punishable under Sections 279, 337, 304(A) of IPC and Section - 9 - HC-KAR NC: 2025:KHC-D:9286 CRL.RP No. 100050 of 2021 134 r/w Sections 181 and 187 of Motor Vehicles Act. (iii) The sentence imposed to undergo imprisonment is modified by substituting with fine amount of Rs.1,50,000/-. (iv) Six weeks' time is granted to deposit the fine amount before the trial Court. (v) The Trial Court shall disburse the fine amount of Rs.50,000/- each in favour of legal representatives of the deceased persons namely, the rider and pillion riders electronically, after due identification. (vi) If default in payment of fine amount, accused- petitioner shall undergo imprisonment as ordered by the Trial Court. (vii) Bail bonds, if any, shall stand cancelled. (viii) Registry to return the Trial Court records along with copy of this order. Sd/- (K. V. ARAVIND) JUDGE HMB/MV List No.: 1 Sl No.: 21