- 1 - HC-KAR NC: 2025:KHC-D:11854 CRL.RP No. 100292 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 100292 OF 2021 (397(CR.PC)/438(BNSS)) BETWEEN: NAGARAJ @ NINGAPPA S/O. DEVALAPPA LAMANI, AGE. 35 YEARS, OCC. DRIVER, R/O. KAKOLATANDA, TQ. RANEBENNUR, DIST. HAVERI-581 101. … PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH RATTIHALLI P.S., REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 001. … RESPONDENT (BY SMT. MALA B. BHUTE, AGA) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS IN CRL. APPEAL NO.150/2018 ON THE FILE OF IIND ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI SITTING AT RANEBENNUR AND IN C.C. NO.242/2013 ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE AND J.M.F.C., HIREKERUR ALLOW THIS REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE IIND ADDITIONAL DISTRICT AND SESSIONS JUDGE HAVERI SITTING AT RANEBENNUR IN CRL. APPEAL NO.150/2018 DATED 17.11.2020 AND ORDER PASSED IN C.C. NO.242/2013 ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE AND J.M.F.C., HIREKERUR DATED 17.10.2013, IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11854 CRL.RP No. 100292 of 2021 THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. This Criminal Revision Petition under Section 397 read with Section 401 of the Cr.P.C. is filed with a prayer to set aside the judgment and order of conviction and sentence dated 17th October 2018 in C.C. No.242 of 2013 by the Court of the Additional Civil Judge and JMFC, Hirekerur and the judgment and order dated 17th November 2020 passed in Criminal Appeal No.150/2018 by the Court of the II-Additional District and Sessions Judge Haveri (sitting at Ranebennur). 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that during the pendency of this Criminal Revision Petition, the dispute between the parties has been amicably settled at the intervention of the well-wishers and elders of both the parties. The petitioner has agreed to pay a sum of - 3 - HC-KAR NC: 2025:KHC-D:11854 CRL.RP No. 100292 of 2021 ₹.2,25,000/- to the first informant and her husband, who are the parents of the deceased - Aishwarya. He submits that out of the agreed amount of ₹.2,25,000/-, a sum of ₹.1,00,000/- has been paid to the parents of the deceased in cash and the remaining amount of ₹.1,25,000/- shall be paid on or before 10.11.2025 and an agreement to the said effect has been executed between the parties before the elders and well-wishers of both the parties, which is produced along with the joint memo filed in this petition. He accordingly, prays to dispose of this petition having regard to the settlement between the parties. 4. The parents of the deceased – Aishwarya, who are present in-person before the Court have admitted about the settlement between the parties and they also have admitted that they have received a sum of ₹.1,00,000/- from the petitioner as part payment of the agreed amount of ₹.2,25,000/-. They have produced their identity documents, which are verified by the learned HCGP. The joint memo, which is filed before this Court is signed by the - 4 - HC-KAR NC: 2025:KHC-D:11854 CRL.RP No. 100292 of 2021 petitioner and the parents of the deceased. Along with the joint memo, they have also enclosed the agreement executed between the parties before the elders and well- wishers of the parties. The joint memo along with the agreement is taken on record. 5. In paragraph nos.2 to 4 of the joint memo, it is stated as follows: 2) It is now submitted that, the petitioner and the complainant, i.e., Smt. Sunita W/o Chandrappa Lamani and Sri. Chandrappa Lamani both have upon amicable settlement between them arrived and hence both have been submitting this joint memo. 3) It is submitted that, the petitioner accused has agreed to pay a sum of Rs. 2,25,000/- to the complainant, Smt. Sunita W/o Chandrappa Lamani and Sri. Chandrappa Lamani and the complainant has agreed to receive the same from him and settle the matter as full and final amount. 4) It is submitted that, 11.09.2025 the petitioner herein has paid an amount of Rs.1,00,000/- to the complainant and the complainant, both have acknowledge the receipt of same. Further the petitioner herein agrees that he will pay the remaining amount of Rs.1,25,000/- to the complainant as mentioned above on or before 10.11.2025 the complainant has agreed for the same. In case the - 5 - HC-KAR NC: 2025:KHC-D:11854 CRL.RP No. 100292 of 2021 petitioner fails to comply the same the complainant herein is at liberty to revive the complaint and the proceedings against the petitioner according to the law. 4) Both the parties herein submits that this compromise petition/joint memo is reduced into writing on their own otion and no one has compelled them, coerce or any sort of undue influence on them in any manner. 6. It is not the case of the prosecution that petitioner in the present case was driving the offending vehicle under the influence of liquor or any other substance impairing his driving skills. The accident in question had taken place in the year 2013. The parties have filed joint memo reporting settlement and in the said joint memo, it is stated that the parents of the deceased have received a sum of ₹1,00,000/- in cash from the petitioner out of the agreed amount of ₹2,25,000/- to be paid as compensation and the balance amount of ₹1,25,000/- is required to be paid by the petitioner to the parents of the deceased on or before 10.11.2025. Under the circumstances, I am of the considered opinion that lenient view is required to be taken in the matter and the order of sentence passed by the Court - 6 - HC-KAR NC: 2025:KHC-D:11854 CRL.RP No. 100292 of 2021 below against the petitioner is required to be modified. Accordingly, the following order: ORDER (i) The Criminal Petition is partly allowed. (ii) The judgment and order of conviction dated 17th October 2018 in C.C. No.242 of 2013 by the Court of the Additional Civil Judge and JMFC, Hirekerur and the judgment and order dated 17th November 2020 passed in Criminal Appeal No.150/2018 by the Court of the II-Additional District and Sessions Judge Haveri (sitting at Ranebennur) is confirmed. (iii) However, the order of sentence of imprisonment passed by the Courts below, against the petitioner for the offences punishable under Section 304A, 279, 337, 338 of IPC is modified and the petitioner is sentenced to undergo simple imprisonment till the rising of the Court. He shall pay a fine of ₹5,000/- before the trial Court, if not, already - 7 - HC-KAR NC: 2025:KHC-D:11854 CRL.RP No. 100292 of 2021 paid, and in default, he shall undergo simple imprisonment for a period of one month. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP – up to para 4 VMB – from para 5 LIST NO.: 1 SL NO.: 116