- 1 - HC-KAR NC: 2025:KHC-K:3559 CRL.RP No. 200025 of 2020 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.200025 OF 2020 BETWEEN: SRI SHRISHAIL S/O DUNDAPPA BOLEGAV, AGED ABOUT 46 YEARS, OCC: DRIVER, R/O INDI, TQ.INDI, DIST.VIJAYAPUR-586101. …PETITIONER (BY SRI S. S. MAMADAPUR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH INDI PS, REP. BY ITS STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL’S OFFICE, HIGH COURT BUILDING, KALABURAGI-585107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.RP. IS FILED U/S 397 R/W SEC. 401 OF CR.P.C PRAYING TO, SET ASIDE THE JUDGMENT DATED 24.02.2020, PASSED BY THE III ADDL. SESSIONS JUDGE, VIJAYPUR IN CRIMINAL APPEAL NO.57/2019 AS WELL AS THE JUDGMENT DATED 18.07.2019, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, INDI, IN C.C.NO.386/2017 CONVICTING THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 187 OF MOTOR VEHICLES ACT AND THEREBY SENTENCING HIM TO PAY FINE OF RS.1,000/-. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3559 CRL.RP No. 200025 of 2020 THIS PETITION, COMING ON FOR 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) Heard Sri S.S. Mamadapur, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. 2. The revision petitioner is the accused, who suffered an order of conviction in C.C.No.386/2017 for the offence punishable under Section 187 of the Indian Motor Vehicles Act (for short, ‘IMV Act’) and order to undergo simple imprisonment for a month and to pay fine of Rs.1,000/- with default sentence. He was acquitted for the offences under Sections 279 and 304A of the Indian Penal Code (for short, ‘IPC’). 3. Against an order of conviction and sentence, accused filed an appeal before the District Court in Criminal Appeal No.57/2019. - 3 - HC-KAR NC: 2025:KHC-K:3559 CRL.RP No. 200025 of 2020 4. Learned Judge in the First Appellate Court after securing the records, allowed the appeal in part and set aside the imprisonment of one month and maintained the fine amount of Rs.1,000/- for the proved offence under Section 187 of IMV Act. 5. Being further aggrieved by the same, the accused is before this Court in this revision petition. 6. Sri S.S. Mamadapur, learned counsel for the revision petitioner would contend that both the Courts have not properly appreciated the material evidence on record and wrongly convicted the revision petitioner for the offence punishable under Section 187 of the IMV Act, resulting in miscarriage of justice and sought for allowing the revision petition. 7. Per contra, Sri Jamadar Shahabuddin, learned High Court Government Pleader would support the impugned judgment and sought for dismissal of the revision petition. - 4 - HC-KAR NC: 2025:KHC-K:3559 CRL.RP No. 200025 of 2020 8. The admitted facts in the case on hand are that the revision petitioner was the driver of the KSRTC bus bearing No.KA.28/F.840, which met with a road traffic accident at about 01-00 p.m., near Mayur Dhaba, near Hirerugi village on Indi-Vijayapur road. 9. Based on the complaint lodged by wife of one of the deceased, police thoroughly investigated the matter and filed chargesheet. The material evidence placed on record was appreciated by the learned Trial Magistrate and noted that the necessary ingredients are not established by the prosecution to show that the death of Rajakumar and Somashekhar has occurred not on account of negligence of the driver of the bus, but the act that is attributable to the accused would attract the offence punishable under Section 187 of the IMV Act. 10. Learned Trial Magistrate took into consideration Section 134 of the IMV Act and also bestowed his attention to Section 134A of the IMV Act, whereunder every driver - 5 - HC-KAR NC: 2025:KHC-K:3559 CRL.RP No. 200025 of 2020 of the vehicle is bound to intimate the police about the road traffic accident which has been violated by the revision petitioner. 11. When there is an accident and two deaths have taken place, on account of hind wheel having run over the rider and pillion rider of the motorcycle involved in the accident, it was the bounden duty of the revision petitioner herein to intimate the same not only to the police station but also to his higher for the purpose of insurance claim etc. Having violated the same, the ingredients to attract Section 187 of the IMV Act is held to be proved as against the revision petitioner. 12. No doubt, the penal provision is not so grave so as to impose both imprisonment and fine in a given case. Learned Trial Magistrate has imposed fine of Rs.1,000/- so also the imprisonment of one month for the proved offence. - 6 - HC-KAR NC: 2025:KHC-K:3559 CRL.RP No. 200025 of 2020 13. Learned Judge in the First Appellate Court, on re-appreciation of the material facts, came to the conclusion that the conviction order needs to be maintained but set aside the imprisonment period of one month. 14. Having regard to the limited scope of the revisional jurisdiction, this Court does not find any legal infirmity, perversity, jurisdictional error or for that matter, excessive sentence. 15. Accordingly, following: ORDER The Criminal Revision Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 56 CT:PK