- 1 - HC-KAR NC: 2026:KHC:29265 CRL.RP No. 1459 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1459 OF 2018 BETWEEN: 1. P.R. SUNIL KUMARA, S/O P.K. RADHAKRISHANA, AGED ABOUT 41 YEARS, R/AT NO.16, PRAKRUTHI TOWNSHIP, PALACHERI HOUSE, KURUCHITRE POST, THRISUR TALUK, STATE OF KERALA. PRESENTLY R/AT FLAT NO.F1, KBN PELASANT PARADISE, HORAMAVU AGRA MAIN ROAD, BENGALURU-560043. …PETITIONER (BY SRI. RAJASHEKAR M., ADVOCATE) AND: 1. STATE BY RURAL POLICE, CHITRADURGA, REPRESENTED BY SENIOR PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560009. …RESPONDENT (BY SRI. DIVAKAR MADDUR, HCGP) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29265 CRL.RP No. 1459 of 2018 THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 19.08.2017 PASSED IN CRIMINAL APPEAL NO.64/2016 ON THE FILE OF THE SPECIAL 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, CONFIRMING THE JUDGMENT OF CONVICTION AND SENTENCE DATED 18.08.2016 PASSED IN C.C.NO.407/2014 ON THE FILE OF THE 1ST ADDITIONAL CIVIL JUDGE AND JMFC CHITRADURGA. THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This Court heard the matter on the previous occasion. The Trial Court convicted the accused for the offence punishable under Section 279 of IPC and sentenced to undergo simple imprisonment for a period of six months with fine of Rs.1,000/- and in default to pay the fine, to undergo simple imprisonment for a period of one month. The accused was also convicted for the offence punishable under Section 338 of IPC and sentenced to undergo simple imprisonment for a period of six months with fine of Rs.1,000/- and in default, to undergo simple imprisonment for a period of one month. The accused was convicted for the offence punishable under Section 304-A of IPC and sentenced to undergo simple imprisonment for a period of one year with fine of Rs.2,000/- and in default, to - 3 - HC-KAR NC: 2026:KHC:29265 CRL.RP No. 1459 of 2018 undergo simple imprisonment for a period of two months. The accused was convicted for the offence punishable under Sections 134(a) and (b), 187 of MV Act with fine of Rs.500/- and in default, to undergo simple imprisonment for a period of one month. 2. The same was challenged before the Appellate Court and the Appellate Court having re-assessed the material available on record, confirmed the judgment of the Trial Court. 3. This Court exercising the revisional jurisdiction does not find any error on the legality and correctness of the order passed by the Trial Court and the First Appellate Court. However, taking note of the fact that the accident is of the year 2013 and the same is more than a decade, that too, 13 years ago, this Court suggested the petitioner to pay a fine amount of Rs.4,00,000/- considering that the deceased was aged about 50 years at the time of the accident and sentencing the petitioner to undergo punishment in respect of the accident of the year 2013 would not serve any purpose and the victim’s family could be compensated by enhancing the fine amount, instead of undergoing sentence. - 4 - HC-KAR NC: 2026:KHC:29265 CRL.RP No. 1459 of 2018 4. The learned counsel for the revision petitioner would submit that the petitioner is ready to pay the amount of Rs.3,00,000/-. 5. Taking note of the factual aspects of the case and also the accident is of the year 2013 and it is an accident and not an intentional act and considering that the accident is more than a decade old, it is appropriate to modify the sentence and instead of directing the petitioner to undergo sentence, this Court deems it fit that the same can be modified in the ends of justice to compensate the victim family and the purpose would be served. 6. In view of the discussions made above, I pass the following: ORDER (i) The revision petition is disposed of. (ii) The conviction is confirmed. But, sentence is modified directing the petitioner to deposit an amount of Rs.3,00,000/- instead of sentence and the petitioner is directed to deposit the same before the Trial Court within six weeks from today. - 5 - HC-KAR NC: 2026:KHC:29265 CRL.RP No. 1459 of 2018 (iii) If the said amount is deposited, the Trial Court is directed to release an amount of Rs.2,75,000/- in favour of P.W.1, wife of the deceased, on proper identification. The remaining amount of Rs.25,000/- shall vest with the State. (iv) If the revision petitioner fails to deposit the amount of Rs.3,00,000/- within the stipulated time, he shall undergo the sentence as imposed by the Trial Court. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 52