- 1 - HC-KAR NC: 2026:KHC:15429 CRL.RP No. 896 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 896 OF 2017 BETWEEN: NATARAJ SINGH AGED ABOUT 25 YEARS S/O ROOPA SINGH R/AT HULTHAR HOSADODDI BIDADI POST & HOBLI RAMANAGARA DISTRICT - 571 511. …PETITIONER (BY SRI THYAGARAJA S, ADV.) AND: STATE OF KARNATAKA BY K.R.TRAFFIC POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BLDG BANGALORE - 560 001. …RESPONDENT (BY SRI NAGESHWARAPPA, HCGP) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 11.11.2016 PASSED BY THE III ADDITIONAL SR. CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MYSORE IN C.C.NO.124/2013 U/S 279,337,304(A) F IPC AND SEC.134(A)(B) R/W SEC.187 OF IMV ACT AND THEREAFTER THE SAME HAS BEEN CONFIRMED DATED 31.5.2017 PASSED BY THE II ADDITIONAL SESSIONS JUDGE, MYSURU IN CRL.A.NO.250/2016 AND CONSEQUENTLY ACQUIT THE REVISION PETITIONER. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15429 CRL.RP No. 896 of 2017 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri Thyagaraja S, learned counsel for the petitioner and learned High Court Government Pleader for respondent / State. 2. Accused has suffered an order of conviction in C.C.No.124 of 2013 for the offences under Sections 279, 338, 304(A) of IPC and Section 134(A)(B) r/w Section 187 of IMV Act and sentenced as under: "Acting under Section 255(2) of Cr.P.C, the accused is CONVICTED AND SENTENCED to pay fine of Rs.1,000/- for the offence punishable under Section 279 of IPC and in default to payment of fine he shall undergo simple imprisonment for one month. The accused is CONVICTED AND SENTENCED to pay fine of Rs.1,000/- for the offence punishable under Section 338 of IPC in default of payment of fine, he shall undergo simple imprisonment for one month. The accused is CONVICTED AND SENTENCED to undergo simple imprisonment for six months and shall - 3 - HC-KAR NC: 2026:KHC:15429 CRL.RP No. 896 of 2017 pay fine of Rs.500/- for the offence punishable under Section 304(A) of IPC in default of payment of fine, he shall undergo simple imprisonment for one month. The accused is CONVICTED AND SENTENCED to pay fine of Rs.1,000/- for the offence punishable under Section 134(A)(B) R/w Section 187 of IMV Act. In default of payment of fine, he shall undergo simple imprisonment for five days". 3. The order of conviction and sentence was questioned before the First Appellate Court in Criminal Appeal No.250 of 2016. Learned Judge in the First Appellate Court after securing the records, heard the arguments in detail and dismissed the appeal. 4. Thereafter, accused is before this Court in this revision petition. 5. Facts of the case are as under : 5.1. In respect of a road traffic accident that occurred on 29.12.2012 at about 01.30 p.m. at Bogadi ring road junction, K.R. Traffic Police Station registered a case against the driver of a Tipper Lorry bearing registration No.KA-42-7497, who dashed - 4 - HC-KAR NC: 2026:KHC:15429 CRL.RP No. 896 of 2017 against the rider of a two wheeler namely TVS wego scooter bearing registration No.KA-09-ER-8928. 5.2. As a result, the rider and pillion rider sustained injuries and they were shifted to the hospital. Mother of the complainant died on the way to the hospital. The complainant having sustained injuries, survived from the injuries and police, after thorough investigation, filed charge sheet against the accused. The presence of the accused was secured by the jurisdictional Magistrate, after taking the cognizance, plea was recorded. 6. Accused did not plead and therefore, trial was held. In order to bring down the guilt of the accused, five witnesses were examined as PW1 to PW5 and 12 documentary evidence were placed on record which were exhibited and marked as Ex.P1 to P12. 7. On conclusion of recording of evidence, accused statement as is contemplated under Section 313 of Cr.P.C. was recorded, wherein, accused has denied all the incriminating - 5 - HC-KAR NC: 2026:KHC:15429 CRL.RP No. 896 of 2017 circumstances including the accident and did not place his version on record about the incident. 8. There was no defence evidence placed on record and thereafter, learned Trial Magistrate heard the arguments of the parties and connected the accused for the aforesaid offences and sentenced as referred to supra. 9. Being aggrieved by the same, accused filed an appeal before the District Court in Crl.A.No.250/2016. 10. Learned Judge of First Appellate Court after securing the records from the Trial Court, heard the arguments of the parties and re-appreciated the material evidence available on record and by judgment dated 31.05.2016, dismissed the appeal of the accused and confirmed the order of conviction and sentence. 11. Being further aggrieved by the same, accused is before this Court in this revision. 12. The learned counsel for the petitioner Sri Thyagaraja S reiterating the grounds urged in the revision - 6 - HC-KAR NC: 2026:KHC:15429 CRL.RP No. 896 of 2017 petition would contend that both the Courts have not properly appreciated the material evidence on record in its right perspective resulting in miscarriage of justice. 13. He further contended that learned Trial Magistrate has not taken note of the answers elicited in the cross- examination of PW1 and wrongly convicted the accused and sought for allowing the revision petition. 14. He would further contend that in the event this Court upholding the order of conviction, taking note of the fact that the accused has got a family to maintain, set aside the imprisonment for the offence punishable under Section 304A of IPC by enhancing the fine amount reasonably. 15. Per contra, Sri K Nageshwarappa, the learned High Court Government Pleader would support the impugned orders. 16. He further contended that the material evidence placed on record is sufficient enough to maintain the order of conviction inasmuch as it is the mother of the complainant-PW1 who succumbed to the accidental injuries on the way to the hospital and in the absence of any previous enmity or animosity - 7 - HC-KAR NC: 2026:KHC:15429 CRL.RP No. 896 of 2017 why would the complainant falsely implicated the petitioner in an incident of this nature is a question that remains unanswered and therefore, sought for dismissal of the revision petition. 17. Having heard the arguments of both sides, this Court perused the material on record meticulously. 18. On such perusal of the material on record, the road traffic accident that occurred on 29.02.2012 at about 01.30 p.m. that too in broad daylight across the ring road junction is not in dispute. Accused is the driver of the Tipper lorry bearing No.KA42-7497 is also not in dispute. 19. The mother of the complainant was riding the TVS Wego scooter bearing No.KA09-ER-8928. 20. Eye-witness to the incident has supported the case of the prosecution with graphic details so also the complainant who is an injured in the very same accident. 21. Taking note of the fact that the accused has not chosen to offer any explanation to the incriminating - 8 - HC-KAR NC: 2026:KHC:15429 CRL.RP No. 896 of 2017 circumstances placed on record by prosecution and also failing to place on record his version about the incident, the order of conviction recorded by the Trial Magistrate and confirmed by the First Appellate Court is justified. 22. View of this Court in this regard is supported by the principles of law enunciated by the Hon'ble Apex Court in the case of RAVI KAPUR vs STATE OF RAJASTHAN reported in (2012) 9 SCC 284. 23. This would take this Court to the alternate submission made by the counsel for petitioner. With regard to setting aside sentence of imprisonment by enhancing fine. 24. In the case on hand, a valuable human life has been lost on account of the negligent driving of the Tipper lorry by the revision petitioner. 25. 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, punishment of six months is just and proper in the facts and circumstances of the case. - 9 - HC-KAR NC: 2026:KHC:15429 CRL.RP No. 896 of 2017 26. Thus, the following: ORDER The revision petition is hereby dismissed. The petitioner shall surrender before the Trial Court on or before 02.04.2026 for undergoing the sentence. Office is directed to return the Trial Court records along with copy of this order. Sd/- (V SRISHANANDA) JUDGE NMS/SN