- 1 - HC-KAR NC: 2026:KHC:15853 CRL.RP No. 1161 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.1161 OF 2017 BETWEEN: MR. SHOUKATH PASHA AGED ABOUT 59 YEARS, S/O LATE ABDUL BASHIR, R/AT GHOUSIANAGAR, RAMANAGAR TOWN, RAMANAGARA DISTRICT. …PETITIONER (BY SRI SHRAVAN S LOKRE, ADVOCATE) AND: STATE BY RAMANAGARA TOWN POLICE, RAMANAGARA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001. …RESPONDENT (BY SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RAMANAGARA IN C.C.No.171/2009 DATED 06.03.2012 AGAINST THE PETITIONER AND ALSO THE JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN CRL.A.No.13/2012 DATED 21.08.2017 AND FURTHER BE PLEASED TO ACQUIT THE PETITIONER IN THE ABOVE CASE BY ALLOWING THE ABOVE PETITION. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15853 CRL.RP No. 1161 of 2017 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Shravan S. Lokre, learned counsel for the revision petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for the respondent/State. 2. At the outset, Sri Shravan S. Lokre, learned counsel for the revision petitioner would submit that the unfortunate incident has occurred which was beyond the human control and some amount of negligence is also attributable to the deceased himself. 3. Dependents of the deceased - Ravi namely, parents and daughter present before the court. 4. An alternate prayer is made in respect of the imprisonment of six months for the offence under Section 304A of Indian Penal Code and one month simple imprisonment for the offence under Section 338 of Indian Penal Code, by volunteering to pay sum more Rs.5,00,000/- to the dependants of deceased - Ravi and sought for setting aside the - 3 - HC-KAR NC: 2026:KHC:15853 CRL.RP No. 1161 of 2017 imprisonment for the offence under Section 304A of Indian Penal Code. Same is accepted by dependents of deceased. 5. Insofar as the simple imprisonment for one month for the offence under Section 338 of Indian Penal Code is concerned, the petitioner if directed to pay Rs.25,000/- as the compensation to the injured - Srinivas who is examined as PW2, ends of justice would be met. 6. Accordingly, the following: ORDER (i) Revision petition is allowed in part, (ii) While maintaining the conviction of the offence punishable under Section 338 and 304A of Indian Penal Code, sentence of imprisonment ordered for the offence under Section 304A of Indian Penal Code is set aside on payment of Rs.5,00,000/- to the dependents of deceased - Ravi namely, parents and daughter who were present before the court. (iii) Likewise, sentence of imprisonment of one month for the offence under Section 338 is set - 4 - HC-KAR NC: 2026:KHC:15853 CRL.RP No. 1161 of 2017 aside by directing the petitioner to deposit sum more Rs.25,000/- on or before 15.04.2026 as compensation before the jurisdictional Magistrate. (iv) Failure to pay the enhanced amount of Rs.25,000/- on or before 15.04.2026, petitioner shall undergo simple imprisonment for the period of one month for the offence under Section 338 of Indian Penal Code as ordered by learned Trial Magistrate, confirmed by the First Appellate Court, (v) Office is directed to return the Trial Court records with copy of this order forthwith for issue of modified conviction warrant. Sum of Rs.5,00,000/- is paid in cash to the parents and daughter of deceased Ravi. Same is acknowledged in the order sheet. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 61