- 1 - HC-KAR NC: 2025:KHC-D:8978 CRL.RP No. 100133 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE K V ARAVIND CRIMINAL REVISION PETITION NO.100133 OF 2021 (397(Cr.PC)/438(BNSS)) BETWEEN: SHRI. BASAVANT S/O. SOMAPPA HOSUR, AGE. 28 YEARS, OCC. MECHANIC, R/O. AMATUR, TQ. BAILHONGAL, DIST. BELAGAVI. …PETITIONER (BY SRI. SAJID AHMED GOODWALA, ADVOCATE FOR SRI. JAGADISH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KITTUR POLICE STATION, NOW REP. BY SPP, HIGH COURT OF KARNATAKA, AT DHARWAD. …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397(1) R/W 401 OF CR.P.C., PRAYING TO ALLOW THE REVISION PETITION AND SET ASIDE THE JUDGMENT PASSED IN CRL.AP.NO.181/2020 DATED 08.04.2021 PASSED BY THE XI ADDL. SESSIONS JUDGE, BELAGAVI BY CONFIRMING THE JUDGMENT AND ORDER OF CONVICTION PASSED IN C.C.NO.418/2015 DATED 13.08.2020 FOR OFFENCE PUNISHABLE UNDER SECTION 134 R/W 187 OF MOTOR VEHICLES ACT PASSED BY THE CIVIL JUDGE AND JMFC, KITTUR BY ALLOWING THE TOP NOTED PETITION, IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIHG COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8978 CRL.RP No. 100133 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) Heard Sri Sajid Ahmed Goodwala, learned counsel appearing along with Sri Jagadish Patil for the petitioner- accused, 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 and order of conviction dated 13.08.2020 passed in C.C. No.418/2015 by the Court of the Civil Judge and JMFC, Kittur (hereinafter referred to as ‘the trial Court’), and the judgment and order dated 08.04.2021 passed in Criminal Appeal No.181/2020 by the XI Additional Sessions Judge, Belagavi (hereinafter referred to as ‘the appellate Court’). 3. The case of the prosecution is that on 08.06.2013 at about 2:30 p.m., near Kadatnal Village, the accused was riding a motorcycle bearing registration - 3 - HC-KAR NC: 2025:KHC-D:8978 CRL.RP No. 100133 of 2021 No.KA-22/J-3978 along with a pillion rider. He is alleged to have ridden the motorcycle in a rash and negligent manner, proceeded to the wrong side of the road, and collided with a motorcycle bearing registration No.KA- 24/K-5060 coming from the opposite direction, resulting in grievous injuries and the death of both the rider and pillion rider of the said motorcycle. Pursuant to the registration of the FIR, the Kittur Police investigated the matter and filed a charge sheet against the accused for the offences punishable under Sections 279, 337, and 304-A of the Indian Penal Code, 1860 (for short, 'IPC'), and Section 134 read with Section 187 of the Motor Vehicles Act, 1988 (for short, 'MV Act'). 4. In order to establish its case, the prosecution examined 8 witnesses, who were examined as PW-1 to PW-8, and marked 12 documents as Exhibits P-1 to P-12. The statement of accused was recorded under Section 313 of Cr.P.C. Considering the testimonies of the witnesses and appreciation of the evidence on record, the trial Court - 4 - HC-KAR NC: 2025:KHC-D:8978 CRL.RP No. 100133 of 2021 acquitted the accused of the offences punishable under Sections 279, 337, and 304-A of IPC. However, the accused was convicted for the offence punishable under Section 134 read with Section 187 of the MV Act, and was sentenced to undergo simple imprisonment for a period of one month and to pay a fine of Rs.500/-, in default of which he shall undergo simple imprisonment for a further period of 10 days. 5. Being aggrieved by the judgment of conviction and order of sentence passed by the trial Court, the accused preferred Criminal Appeal No.181/2020. The appellate Court, upon re-appreciation of the evidence on record, dismissed the appeal and confirmed the judgment of conviction and the order of sentence passed by the trial Court. 6. Sri Sajid Ahmed Goodwala, learned counsel, appearing along with Sri Jagadish Patil for the petitioner, submits that the trial Court committed an error in - 5 - HC-KAR NC: 2025:KHC-D:8978 CRL.RP No. 100133 of 2021 sentencing the accused for the offence punishable under Section 187 of the MV Act, for the alleged contravention of Section 134 of the said Act, while simultaneously acquitting him of the offences punishable under Sections 279, 337, and 304-A of IPC. Learned counsel further submits that the evidence adduced by the prosecution is insufficient to establish the offence under Section 134 of the MV Act. 7. Per contra, Sri T. Hanumareddy, learned Additional Government Advocate appearing for the respondent-State, submits that notwithstanding the acquittal of the accused for the offences punishable under Sections 279, 337, and 304-A of IPC, the evidence adduced by the prosecution is sufficient to establish the offence punishable under Section 134 of the MV Act. 8. Considered the submissions of learned counsels for the parties and perused the material evidence on record. - 6 - HC-KAR NC: 2025:KHC-D:8978 CRL.RP No. 100133 of 2021 9. The accused was charge-sheeted for the offences punishable under Sections 279, 337, and 304-A of IPC and Section 134 read with Section 187 of the MV Act, alleging that on 08.06.2013 at about 2:30 p.m., while riding his motorcycle bearing registration No.KA-22/J-3978 along with a pillion rider, he rode it in a rash and negligent manner and collided with another motorcycle bearing registration No.KA-24/K-5060, which was proceeding in the opposite direction. The trial Court, while acquitting the accused of the offences under the IPC, convicted him for the offence under the Motor Vehicles Act. PW.1, the first informant, turned hostile and did not support the case of the prosecution. However, PWs.2 and 4, the mahazar witnesses, supported the prosecution case and proved the spot mahazar marked as Ex.P2. PW.5, the injured eyewitness, also supported the case. The evidence of these witnesses establishes that the accident did occur. In view of the acquittal recorded by the trial Court, which has not been challenged by the State, the evidence has not - 7 - HC-KAR NC: 2025:KHC-D:8978 CRL.RP No. 100133 of 2021 been examined in relation to the offences punishable under the IPC. 10. The accused has challenged the conviction under Section 187 of the MV Act for the alleged contravention of Section 134 of the said Act. However, the evidence of PWs.2, 4, and 5 sufficiently establishes that the accused committed the offence punishable under Section 187 of the MV Act. The trial Court, upon proper appreciation of the evidence on record, rightly held that the accused had contravened the provisions of Section 134 of the MV Act. However, having regard to the nature of the offence and the overall circumstances of the case, this Court is of the view that the imposition of a sentence of imprisonment is not proportionate to the degree of the offence committed. Accordingly, this Court is inclined to modify the sentence by substituting the term of imprisonment with imposition of a fine. - 8 - HC-KAR NC: 2025:KHC-D:8978 CRL.RP No. 100133 of 2021 11. Accordingly, the following: ORDER (i) The criminal revision petition is allowed in part. (ii) The judgment of conviction and order of sentence in C.C.No.418/2015 dated 13.08.2020 passed by the Court of Civil Judge and JMFC, Kittur, and order and judgment in Criminal Appeal No.181/2020 dated 08.04.2021 passed by the XI Additional Sessions Judge, Belagavi, is hereby confirmed to the extent of conviction. (iii) The sentence of imprisonment as ordered by the trial Court is modified to payment of fine of Rs.5,000/-. (iv) The fine amount shall be deposited within a period of six weeks from the date of receipt of copy of this order. In default of payment of fine, the revision petitioner/accused No.1 shall undergo - 9 - HC-KAR NC: 2025:KHC-D:8978 CRL.RP No. 100133 of 2021 imprisonment as ordered by the trail Court. (v) The bail bonds and sureties if any, shall stand cancelled. Registry to return the TCR forthwith along with a copy of this order for compliance. Sd/- (K V ARAVIND) JUDGE DDU CT: UMD List No.: 1 Sl No.: 18