- 1 - HC-KAR NC: 2026:KHC:10658 CRL.RP No. 139 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 139 OF 2023 BETWEEN: THIMMAIAH S/O DODDAHULLURAIAH AGED ABOUT 34 YEARS R/AT HOSAHALLI VILLAGE MAGADI TALUK RAMANAGARA DISTRICT. …PETITIONER (BY SRI SYED UMMER, ADV.) AND: STATE BY CHICKPET TRAFFIC POLICE BANGALORE. …RESPONDENT (BY SRI ANOOP KUMAR M.V, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 31.03.2021 PASSED IN C.C.NO.4564/2016 i.e CONVICTION AND COMPENSATION BY THE HONBLE METROPOLITAN MAGISTRATE TRAFFIC COURT II i.e ANNEXURE-A FURTHER WHICH WAS CONFIRMED VIDE ORDER DATED 12.01.2023 PASSED BY THE HONBLE LXIII ADDL.CITY CIVIL AND SESSIONS AT BENGALURU IN CRL.A.NO.319/2021 AS OF ANNEUXRE-B AND TO ACQUIT THE PETITIONER / ACCUSED. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10658 CRL.RP No. 139 of 2023 ORAL ORDER 1. Accused is before this Court in this revision petition filed under Section 397 read with Section 401 of Cr.P.C. with a prayer to set-aside the judgment and order of conviction and sentence dated 31.03.2021 passed in CC No.4564/2016 by the Court of Metropolitan Magistrate Traffic Court II, Bengaluru and the judgment and order dated 12.01.2023 passed in Crl.A.No.319/2020 by the Court of LXIII Addl. City Civil and Sessions Judge, Bengaluru. 2. Heard the learned counsel for the parties. 3. Petitioner herein was charge sheeted for the offences punishable under Sections 279 and 304A of IPC and Sections 134 (a & b) read with Section 187 of the Indian Motor Vehicles Act, before the jurisdictional Court of Magistrate in CC No.4564/2016.The allegation against the petitioner is that on 26.08.2015 at about 07.50 a.m. within the jurisdiction of Chickpet Traffic Police Station, Bengaluru, accused drove his lorry bearing Reg.No.KA-52-4262 in a rash and negligent manner on mill road endangering human life and dashed the offending lorry against scooter bearing Reg.No.KA-02-JB-7436 - 3 - HC-KAR NC: 2026:KHC:10658 CRL.RP No. 139 of 2023 and in the said accident, CW1 Priyanka (PW1) had sustained injuries and her sister, who was riding pillion along with her, succumbed to the injuries on the spot. 4. The prosecution, in order to substantiate its charges against the petitioner, had examined six charge sheet witnesses during the course of trial as PW1 to PW6 and also got marked nine documents as Ex.P1 to P9. On behalf of defence, no oral or documentary evidence was placed on record. After hearing the arguments addressed on both sides, the Trial Court had convicted the petitioner for the charge sheeted offences. For the offence punishable under Section 279 of IPC, the petitioner was sentenced to pay fine of Rs.1,000/- and in default, to undergo simple imprisonment for a period of 15 days. For the offence punishable under Section 304A of IPC, petitioner was sentenced to undergo simple imprisonment for a period of six months and pay fine of Rs.10,000/- and in default, to undergo simple imprisonment for period of three months. For the offence punishable under Section 134 (a) & (b) read with Section 187 of the Indian Motor Vehicles Act, the petitioner was sentenced to pay fine of Rs.1,000/- and in - 4 - HC-KAR NC: 2026:KHC:10658 CRL.RP No. 139 of 2023 default, to undergo simple imprisonment for a period of one month. The Appellate Court in Crl.A.No.319/2021, which was filed by the petitioner herein had confirmed the judgment and order of conviction and had modified the sentence. It is under these circumstances, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that dispute between the parties has been amicably settled during the pendency of this petition and PW1/Priyanka, who is the sister of the deceased, has agreed to receive a sum of Rs.1,00,000/- from the petitioner towards compensation. He submits that PW1 has today filed an affidavit before this Court acknowledging receipt of the amount of Rs.1,00,000/- from petitioner and she has also stated that the parties may be permitted to compound the offences for which petitioner has been convicted and sentenced by the Courts below. 6. PW1/Priyanka, who is present in-person before the Court has acknowledged receipt of Rs.1,00,000/- from the petitioner in cash towards compensation and she also admits filing of an affidavit before this Court. The said affidavit filed by PW1 is taken on record. In the said affidavit, it is stated as follows;- - 5 - HC-KAR NC: 2026:KHC:10658 CRL.RP No. 139 of 2023 "I am the complainant in the above case i.e. Crime No.28/2015 before The Chickpet traffic police for an offence punishable under section 279, 304(a) of Indian Penal code R/w134(A) and (B) Section 187 of Indian Motor vehicle Act. I hereby on question of settlement received sum Rs. 1,00,000/- (One lakh Rupees) from the petitioner herein in cash and agreed to Compound the said case and herein after there will not be any claim What so ever against the petitioner herein." 7. The Hon’ble Supreme Court in the case of Manish Jalan vs. State of Karnataka - (2008) 8 SCC 225 under identical circumstances wherein accused was acquitted for the offences punishable under Sections 279 and 304A of IPC, taking into consideration the settlement arrived between the parties, in paragraph Nos.16 & 17, has observed as follows:- "16. True that in the instant case the appellant has been found to be guilty of offences punishable under Sections 279 and 304-A IPC for driving rashly and negligently on a public street and his act unfortunately resulted in the loss of a precious human life. But it is pertinent to note that there was no allegation against the appellant that at the time of accident, he was under the influence of liquor or any other substance impairing his driving skills. It was a rash and negligent act simpliciter and not a case of driving in an inebriated condition which is, undoubtedly - 6 - HC-KAR NC: 2026:KHC:10658 CRL.RP No. 139 of 2023 despicable aggravated offence warranting stricter and harsher punishment. 17. Having regard to all these facts and bearing in mind the fact that the mother of the victim has no grievance against the appellant and has prayed for some compensation, we are of the view that a lenient view can be taken in the matter and the sentence of imprisonment can be reduced. We are of the opinion that the ends of justice would be met if the sentence of imprisonment is reduced to the period already undergone but in addition thereto, the appellant should be directed to pay an amount of Rs 1,00,000 to the mother of the deceased by way of compensation. The learned counsel for the appellant, in fact, indicated that his client was willing to pay that much amount. We order accordingly." 8. In the present case, PW1, who was riding the scooter on the alleged date of incident has appeared before the Court and has submitted that the matter between the parties is settled and said settlement is voluntary without there being any undue influence or coercion. The petitioner is said to be a married man having family and the accident is of the year 2015. Even in the present case, there is no allegation against the petitioner that he was driving his vehicle under the influence of alcohol or in an inebriated condition. Under the circumstances, I am of the - 7 - HC-KAR NC: 2026:KHC:10658 CRL.RP No. 139 of 2023 opinion that ends of justice would be met, if the sentence of imprisonment imposed on the petitioner is reduced and the petitioner is sentenced to imprisonment till rising of the Court, the same would serve the ends of justice. Accordingly, the following:- ORDER (i) The criminal revision petition is partly allowed. (ii) The impugned judgment and order of conviction dated 31.03.2021 passed in CC No.4564/2016 by the Court of Metropolitan Magistrate Traffic Court II, Bengaluru, confirmed in judgment and order dated 12.01.2023 passed in Crl.A.No.319/2020 by the Court of LXIII Addl. City Civil and Sessions Judge, Bengaluru, is affirmed insofar as it relates to convicting the petitioner/accused for the charge sheeted offences. (iii) The substantive sentence of imprisonment imposed against the petitioner for the offence punishable under Section 304A of IPC is reduced and the petitioner is sentenced to imprisonment till rising of the Court. (iv) The order of sentence imposing fine for the offences punishable under Sections 279, 304A of IPC - 8 - HC-KAR NC: 2026:KHC:10658 CRL.RP No. 139 of 2023 and Section 134 (a & b) read with Section 187 of the Indian Motor Vehicles Act, is maintained. (v) Petitioner is granted four weeks time to deposit fine amount before the Trial Court, if not already deposited. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 52