- 1 - NC: 2025:KHC-D:5067 CRL.RP No. 100308 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100308 OF 2022 (397(CR.PC)/438(BNSS)) BETWEEN: HANUMANT S/O. SUBRAY NAIK, AGE: 49 YEARS, OCC. DRIVER, R/O. VANNALLI, KUMTA, DIST. UTTAR KANNADA, PIN-581343. …PETITIONER (BY SRI HAREESH S. NAYAK, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY. THE S.P.P., THROUGH KUMTA POLICE STATION, HIGH COURT BENCH, DHARWAD-580001. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397 R/W. SEC. 401 OF CR.P.C. SEEKING TO CALL FOR RECORDS, ALLOW THE REVISION PEITITON AND SET ASIDE THE JUDGMENT PASSED IN CRL.A NO.137/2015 DATED 12.08.2022 OF PRINCIPAL DISTRICT AND SESSIONS JUDGE UTTARKANNADA, KARWAR AND JUDGMENT AND ORDER OF CONVICTION PASSED IN C.C.NO. 1067/2014 DATED 02.11.2015 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, KUMTA FOR THE OFFENCE PUNISHABLE U/SEC. 279, 337, AND 338 OF IPC AND ACQUIT THE PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.29 11:59:27 +0530 - 2 - NC: 2025:KHC-D:5067 CRL.RP No. 100308 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Hareesh S.Nayaka, learned counsel for the petitioner and Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent –State. 2. Though the matter is listed for admission, by consent of the parties, matter is taken up for final disposal. 3. Petitioner is the driver of the KSRTC bus bearing No.KA-25/F-2166 which met with road traffic accident on 19/5/2014 at 11:00 AM and where by a pedestrian who was waiting for the bus got injured and suffered grievous injury and as such he has been convicted for the offence punishable under Section 279 and 338 IPC which was confirmed in Crl.A.No.137/2015. 4. Having heard the arguments of Sri Harish Nayak and Sri.Praveen Y. Devareddiyavar, this Court perused the material on record meticulously. - 3 - NC: 2025:KHC-D:5067 CRL.RP No. 100308 of 2022 5. On such perusal of the material on record, it is crystal clear that the injured was a pedestrian waiting for the bus. Because of the rash and negligent driving of the petitioner, he has been charge sheeted and after due trial, he has been connected for the offence under section 279 in 338 of IPC. Wound certificate establish that the injured suffered grievous injury which has been greatly appreciated while passing the impugned order of conviction by the trial Magistrate which was duly reconsidered by re-appreciating the material evidence and confirmed by the First Appellate Court. 6. However, both the Courts failed to notice that there is no minimum punishment of imprisonment is prescribed for the offence punishable under Section 338 of the IPC. Taking note of the fact that the petitioner is a driver of the KSRTC bus, awarding the sum of Rs.25,000/- as the compensation to the injured person by enhancing fine amount in a sum Rs.25,000/- and setting aside the six months simple imprisonment for the offence under Section - 4 - NC: 2025:KHC-D:5067 CRL.RP No. 100308 of 2022 338 IPC would meet the ends of justice in the peculiar facts and circumstance of the case. 7. Accordingly, following order: ORDER (i) Revision Petition allowed in part. (2) While maintaining the conviction of the accused for the offence under section 279 and 338 IPC, sentence ordered by trial Magistrate and confirmed by the First Appellate Court is modified as under: a) Petitioner to pay enhanced fine of Rs.25,000/- on or before 30.04.2025. b) Failure to make payment of enhanced fine amount would automatically result in the restoration of the sentence ordered by trial Magistrate and confirmed by First Appellate Court. c) Out of the fine amount recovered entire sum of Rs.25,000/-. Out of which Rs.15,000/- is order to be paid as compensation to the injured PW1 and - 5 - NC: 2025:KHC-D:5067 CRL.RP No. 100308 of 2022 Rs.10,000/- is ordered to be paid as compensation to the injured PW5 respectively. d) Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 8