- 1 - HC-KAR NC: 2025:KHC-K:3479 CRL.RP No. 200014 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL REVISION PETITION NO.200014 OF 2023 (397(Cr.PC)/438(BNSS)) BETWEEN: SRI SUNIL S/O CHANDU KARE @ KORE, AGED ABOUT 30 YEARS, OCC: DRIVER, R/O. GUNNAPUR ROAD, GANDHI NAGAR, VIJAYAPURA-586101. …PETITIONER (BY SRI S.S. MAMADAPUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH DEVAR HIPPARAGI P.S., REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE, HIGH COURT BUILDING, KALABURAGI …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3479 CRL.RP No. 200014 of 2023 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT DATED 20.01.2023 PASSED BY THE III ADDL. SESSIONS JUDGE, VIJAYAPURA, IN CRIMINAL APPEAL NO.39/2021 AS WELL AS THE JUDGMENT DATED 10.11.2021 PASSED BY THE CIVIL JUDGE AND JMFC, SINDAGI, IN C.C. NO.782/2015. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Heard Sri S.S. Mamadapur, learned counsel, for the revision petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader, for the respondent-State. 2. Revision petitioner is the accused, who suffered an order of conviction under Sections 279, 337 and 304A of IPC in C.C. No.782/2015, confirmed in Criminal Appeal No.39/2021. 3. Accused was sentenced as under: - 3 - HC-KAR NC: 2025:KHC-K:3479 CRL.RP No. 200014 of 2023 “Accused is sentenced to under go simple imprisonment for a period of 06 months for the offence punishable U/sec.279 of IPC and sentenced to pay a fine of Rs.1000/- in default he shall further under go simple imprisonment for 30 days. Further accused is sentenced to under go simple imprisonment for a period of 3 months for the offence punishable U/sec.337 of IPC. Further accused is sentenced to under go simple imprisonment for a period of 1 year for the offence punishable U/sec.304(A) of IPC and sentenced to pay a fine of Rs. 10,000/- in default he shall further under go simple imprisonment for 03 months.” 4. Facts in brief, which are utmost necessary for disposal of the present petition, are as under: 4.1 In respect of a road traffic accident said to have occurred on 27.04.2017 involving the goods tum-tum Auto Rickshaw bearing No.KA-28/B-7102, a complaint came to be lodged with the Devar-Hipparagi Police Station. The accused being the driver of the said tum-tum Auto - 4 - HC-KAR NC: 2025:KHC-K:3479 CRL.RP No. 200014 of 2023 Rickshaw, drove the vehicle in a rash and negligent manner and because of this rash and negligent manner Auto Rickshaw got toppled down and inmates of the said vehicle sustained injuries. One of the inmates, by name Dastgirsab Bagawan was shifted to the hospital, but despite best treatment he succumbed to injuries on 28.04.2015. 4.2 Police after registering the case, conducted thorough investigation and filed charge-sheet against the accused. Accused did not plead guilty, therefore, trial was held. 4.3 After due trial, accused was convicted for the aforesaid offences based on the testimony of the injured eyewitnesses, who were also inmates of the said vehicle at the time of incident. In the absence of any plausible explanation, placing the version of the accused, the trial Magistrate convicted the accused as aforesaid and sentenced him to undergo simple imprisonment for a - 5 - HC-KAR NC: 2025:KHC-K:3479 CRL.RP No. 200014 of 2023 period of one year for the offence under Section 304(A) of IPC. 4.4 Validity of the said judgment was called in question by the accused by filing a Criminal Appeal No.39/2021. Learned Judge in the First Appellate Court after securing the records heard the arguments of the parties in detail and by judgment dated 20.01.2023 dismissed the appeal of the accused and confirmed the order of conviction and sentence. 5. Being further aggrieved by the same, the accused is before this Court in this revision petition. 6. Learned counsel Sri S.S. Mamadapur for the revision petitioner vehemently contended that both the Courts have grossly erred in convicting the accused and sought for allowing the revision petition. 7. Alternatively Sri Mamadapur submitted that in the event of this Court upholding the order of conviction, - 6 - HC-KAR NC: 2025:KHC-K:3479 CRL.RP No. 200014 of 2023 he sought for modifying the sentence for the offence under Section 304A of IPC and sought to pass suitable orders. 8. Per contra, learned High Court Government Pleader Sri Jamadar Shahabuddin supports the impugned judgment and sought for dismissal of revision in toto. 9. Having heard the arguments on both sides, this Court perused the material on record meticulously. 10. On such perusal of the material on record, it is seen that the accused being the driver the goods tum tum vehicle bearing No.KA-28/B-7102 is not in dispute. Accident has occurred on account of rash and negligent driving of the tum tum near Tamboli Dhaba on 27.04.2015 at 6.00 p.m. in a curve. The inmates of the autorickshaw suffered grievous injuries. 11. Pertinently, very fact that accused allowed the passengers to board the goods vehicle itself shows there is negligence on the part of the accused. - 7 - HC-KAR NC: 2025:KHC-K:3479 CRL.RP No. 200014 of 2023 12. Further, without attending the injured, accused ran away from the spot. Taking note of these aspects of the matter and also based on the testimony of the injured witnesses, learned Trail Judge and learned Judge in the First Appellate Court were justified in recording an order of conviction for the aforesaid offences. 13. Having said thus, since there is only one death and other inmates have sustained simple injuries, if the sentence of imprisonment for the offence punishable under Section 304-A of IPC is reduced from one year to six months, ends of justice would be met by following the dictum of the Hon’ble Apex Court in the case of State of Punjab vs. Saurabh Bakshi reported in (2015) 5 SCC 182. 14. Accordingly, in view of the foregoing discussion, following order is passed: - 8 - HC-KAR NC: 2025:KHC-K:3479 CRL.RP No. 200014 of 2023 ORDER a) Revision petition is allowed in part. b) While maintaining the conviction of the accused/revision petitioner for the offences punishable under Section 279, 337 and 304A of IPC, sentence of imprisonment for one year for the offence under punishable Section 304A of IPC is reduced to six months c) Rest of the sentence stands unaltered. d) Time is granted for the accused to surrender before the Trial Court till 30.07.2025 for serving the remaining part of the sentence. e) Office is directed return the Trial Court records with copy of this order forthwith for issue of modified conviction warrant. Sd/- (V. SRISHANANDA) JUDGE SBS,SRT List No.: 1 Sl No.: 75 CT:PK