- 1 - HC-KAR NC: 2025:KHC:43754 CRL.A No. 65 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 65 OF 2019 (A) BETWEEN: THE STATE OF KARNATAKA BY BANTWAL CITY POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-01 …APPELLANT (BY SRI.ASMA KAUSER, ADDL. SPP) AND: JAGADISH SHETTY S/O BHUJANGA SHETTY AGED JABOUT 28 YEARS R/A FAJEER KANE HOUSE FEGGER VILLAGE BANTWAL TALUK DAKSHINA KANNADA DISTRICT 574 211 …RESPONDENT (RESPONDET SERVED AND UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1) AND (3) CR.P.C BY THE STATE P.P. FOR THE STATE PRAYING TO GRANT LEAVE TO FILE AN APPEAL AGAINST THE JUDGEMENT AND ORDER OF ACQUITTAL DATED 20.07.2018 PASSED IN C.C.NO.536/2015 BY THE ADDITIONAL CIVIL Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43754 CRL.A No. 65 of 2019 JUDGE AND J.M.F.C., BANTWAL THEREBY, ACQUITTING THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 279 AND 304(A) OF IPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. Heard on 'Admission'. 2. The State has preferred this appeal against the judgment of Acquittal dated 20.07.2018 in C.C.No.536/2015 passed by the Additional Civil Judge and JMFC at Bantwal, Dakshina Kannada. 3. For the sake of convenience, the parties herein are referred to as per their status and rank before the trial Court. 4. Bantwal Police have submitted the charge sheet against the accused for the offence under sections 279 and 304(A) of Indian Penal Code. It is alleged by the prosecution that, on 25.01.2015 at 08.30 pm, on - 3 - HC-KAR NC: 2025:KHC:43754 CRL.A No. 65 of 2019 Mangaluru-Bengaluru Highway, opposite Phisavi Hotel in Panemangalore village, Bantwal Taluk, one Motor Vehicle bearing Reg.No.KA-19-EK-9903 was driven by its driver Jagadish in a rash and negligent manner towards Panemangalore, the vehicle dashed against one pedestrian Kariya who was walking by the side of road. Due to the impact, Kariya fell on the road and sustained injuries to his head and legs. Immediately he was shifted to Mangalore Venlock Hospital, wherein on 27.01.2015 around 4.00 pm, injured was declared as dead. 5. Initially the First Information Report was registered under sections 279 and 338 of Indian Penal Code. After the death of the deceased, the same was converted into section 304(A) Indian Penal Code. After completion of investigation, the Investigating Officer has submitted the charge sheet for the offences under sections 279 and 304(A) of Indian Penal Code. - 4 - HC-KAR NC: 2025:KHC:43754 CRL.A No. 65 of 2019 6. In response to the summons, accused appeared before the Trial Court and enlarged on bail. Plea was recorded, accused pleaded not guilty and claimed to be tried. 7. To prove the guilt of the accused, 11 witnesses were examined as PW-1 to 11 and 13 documents were marked as Ex.P-1 to P-13. On closure of prosecution side evidence, statement under section 313 of Cr.P.C, was recorded. The accused had totally denied the prosecution side witnesses but he has not chosen to lead any defense evidence on his behalf. 8. Having heard the arguments on both sides, the Trial Court acquitted the accused. Being aggrieved by this judgment of acquittal, State has preferred this appeal. 9. Learned Addl. SPP Smt. Asma Kauser would submit that the Trial Court has failed to consider the oral testimony of PW-1-Complainant and also other witnesses. The Trial Court has completely ignored the evidence of - 5 - HC-KAR NC: 2025:KHC:43754 CRL.A No. 65 of 2019 prosecution witnesses. The Trial Court has not properly appreciated the evidence on record in accordance with law and facts. Hence, she sought for conviction of the accused. 10. I have carefully examined the materials placed before this Court. PW-1, Chandrashekar who is also the Complainant has deposed in his evidence that, on 25.12.2015 around 8.30 pm, at Mangaluru-Bengaluru Highway, opposite Phisavi Hotel in Panemangalore village, Bantwal Taluk, one Motor Vehicle bearing Reg.No.KA-19- EK-9903 was driven by its driver Jagadish in a rash and negligent manner towards Panemangalore, the vehicle dashed against one pedestrian Kariya who was walking by the side of road. Due to the impact, Kariya fell on the road and sustained injuries to his head and legs. Immediately he was shifted to Mangalore Venlock Hospital in 108 Ambulance. On the next day, he lodged a complaint to the police. He could not lodge the complaint on the same day of accident since he was in hospital. - 6 - HC-KAR NC: 2025:KHC:43754 CRL.A No. 65 of 2019 11. PW-1, Revati is the wife and PW-3 is the father-in-law of deceased Kariya are only the hear-say witnesses. 12. PW-4, Ashok Shetty and PW-5, Shashikant Shetty who are said to be attesters to the Mahazar-Ex.P-5, have not supported the case of the prosecution. 13. PW-6, C.N Kannan, the MV Inspector, has deposed as to issuance of MV report as per Ex.P-9. 14. PW-7,Gangadharappa and PW-8, Chandrashekaraiah, PSI have deposed as to their respective investigation. 15. PW-9, Sharath Kumar has deposed regarding the Mahazar conducted and the Police as per Ex.P-6 and 7. 16. PW-10, Udaya Kumar is the Police Head Constable has deposed in his evidence that, he has submitted the report to the Court to incorporate section 304(A) of Indian Penal Code, after death of the deceased. - 7 - HC-KAR NC: 2025:KHC:43754 CRL.A No. 65 of 2019 17. PW-11, K.U.Belliyappa, the Circle Inspector has deposed in his evidence as to his part of investigation and also filing of the charge sheet against the accused. 18. On careful examination of entire evidence on record, it is crystal clear that PW-1 is only the eye-witness and he has not deposed as to the rash and negligent act on part of the accused. Further he has clearly admitted that he cannot say that this accident has occurred only due to the fault of deceased Kariya. The Trial Court has also observed the same and held that there is no direct evidence against the accused to convict the accused for the alleged commission of offences. I do not find any error/illegality in the impugned judgment of Acquittal. Hence, I proceed to pass the following: O R D E R The Criminal Appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE DHA