- 1 - HC-KAR NC: 2026:KHC:15847 CRL.RP No. 633 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.633 OF 2017 BETWEEN: SRI RAGHUNATH AGED ABOUT 51 YEARS, S/O LATE SHESHAPPA KOTIAN, R/AT 5TH BLOCK, KRISHNAPURA, MANGALURU-575 003 &PETITIONER (BY SRI DINESH KUMAR K. RAO FOR SRI B.JINENDRA KUMAR, ADVOCATES) AND: THE STATE OF KARNATAKA SURATHKAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001 &RESPONDENT (SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 (2) CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 02.02.2016 PASSED BY THE J.M.F.C II COURT, MANGALORE, D.K IN C.C.NO.1123/2014 AND THE ORDER DATED 08.02.2017 PASSED BY THE PRINCIPAL SESSIONS JUDGE, D.K., MANGALURU IN CRL.A.NO.56/2015 ACQUIT HIM OF THE OFFENCES WITH WHICH HE WAS CONVICTED BY THE COURTS BELOW. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15847 CRL.RP No. 633 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 Dinesh Kumar K Rao, learned counsel for the revision petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for the respondent/State. 2. Revision petitioner is the accused who suffered an order of conviction for the offence punishable under Section 279 and 304A of Indian Penal Code, on the file of JMFC (II Court), Mangalore, confirmed by the First Appellate Court in Crl.A.No.56/ 2015, on the file of Principal Sessions Judge, Dakshina Kannada, Mangaluru. 3. Facts would reveal that in a road traffic accident because of the negligent driving of the offending vehicle, lorry bearing registration No.K.A.20/1981 by the accused namely, dashing against the motorcycle bearing registration No.K.A.19/E.D.3165, rider B.S. Hasanabba @ Hasanabba Beary and pillion rider suffered injuries and Hasanabba Beary sustained bleeding injuries on his forehead and ultimately lost - 3 - HC-KAR NC: 2026:KHC:15847 CRL.RP No. 633 of 2017 his life stands established by placing cogent and convincing evidence on record. 4. Learned Trial Magistrate has awarded imprisonment of one year for the offence under Section 304A of Indian Penal Code which has been confirmed by the learned judge in the First Appellate Court. 5. At the outset, Sri Dinesh Kumar K. Rao, learned counsel for the revision petitioner would submit that having regard to the health condition of the petitioner that he is unable to move about and is bed ridden imprisonment may be set aside. 6. Veracity of the said submission was sought to be verified by the prosecution. 7. Learned High Court Government Pleader on instructions and report filed by the jurisdictional police confirms that the health condition of the petitioner is very bad and he is unable to move about and he is totally bed ridden. 8. Under such circumstances, the submissions made on behalf of the revision petitioner that the imprisonment may be set aside by enhancing the fine amount need to be considered judiciously. - 4 - HC-KAR NC: 2026:KHC:15847 CRL.RP No. 633 of 2017 9. Under the attendant facts and circumstance of the present case, namely the health condition of the revision petitioner, if the sentence of one year imprisonment for the offence under Section 304A of Indian Penal Code is set aside by directing the accused/revision petitioner to pay enhanced fine amount to Rs.75,000/- which can be paid as compensation to the dependants of the deceased Hasanabba Beary that would meet the ends of justice. 10. Accordingly the following: ORDER (i) Criminal Revision Petition is allowed in part. (ii) While maintaining the conviction of the accused for the offences punishable under Section 279 and 304A of Indian Penal Code, sentence of imprisonment for the offence under Section 304A of Indian Penal Code of one year is set aside by directing the revision petitioner to pay the enhanced fine amount of Rs.75,000/- on or before 15.04.2026. (iii) Failure to pay the enhanced fine amount, the same shall be recovered as arrears of land - 5 - HC-KAR NC: 2026:KHC:15847 CRL.RP No. 633 of 2017 revenue by the learned Trial Magistrate in accordance with law. (iv) After receipt of the entire fine amount of Rs.75,000/-, same is ordered to be paid as compensation to the dependants of the deceased Hasnabba Beary under due identification. (v) Office is directed to return the Trial Court records with copy of this order for issue of modified conviction warrant forthwith. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 60