- 1 - HC-KAR NC: 2026:KHC:14027 CRL.RP No. 695 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 695 OF 2018 BETWEEN: 1. SRI B JAYAKUMAR AGED ABOUT 39 YEARS S/O LATE BHYREGOWDA, R/AT NO.222, 1ST CROSS, 2ND STAGE, BANNUR ROAD, YARAGANAHALLI, MYSURU CITY - 570 011 …PETITIONER (BY SRI. VIJAY KRISHNA BHAT M., ADVOCATE) AND: 1. THE STATE BY NARASIMHARAJA TRAFFIC POLICE STATION, MYSURU-570 007 REPTD.BY ITS PUBLIC PROSECUTOR, MYSURU DISTRICT MYSURU - 570 001 …RESPONDENT (BY SRI. K. NAGESHWARPPA, HCGP) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO 1.SET ASIDE THE JUDGMENT DATED 26.03.2018, PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT MYSORE, IN CRL.APPEAL NO.165/2017 AND ETC. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14027 CRL.RP No. 695 of 2018 THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Vijay Krishna Bhat M., learned counsel for the revision petitioner and Sri.K.Nageshwarappa, learned High Court Government Pleader for the State/respondent. 2. Accused who has suffered an order of conviction in CC No.699/2012 dated 05.07.2017 confirmed by the First Appellate Court in Crl.A.No.165/2017 dated 26.03.2018 is the revision petitioner. 3. Facts which are utmost necessary for disposal of the revision petition are as under: 3.1. In respect of a road traffic accident that occurred on 07.05.2012 at about 5.45 p.m. on Mysuru-Bengaluru Road near Nagendra Nursery involving a Maruti Van bearing No.KA-55/M- 2344 and another Maruti Swift Car bearing No.KA-09/P-9542, a complaint came to be lodged with Narasimharaja Traffic Police Station. In the incident, Sri.Chinnaswamy, who was standing on the footpath, lost his life. - 3 - HC-KAR NC: 2026:KHC:14027 CRL.RP No. 695 of 2018 4. Police after registering the case, thoroughly investigated the matter and filed charge sheet. 5. On receipt of the charge sheet, learned Trial Magistrate took cognizance of the offences invoked in the charge sheet. Accused was summoned and plea was recorded. 6. Accused pleaded not guilty and therefore, trial was held. 7. After due trial, learned Trial Magistrate held that because of the rash and negligent driving of the Maruti Van bearing No.KA-55/M-2544 which dashed against the Maruti Swift Car bearing No.KA-09/P-9542 which was witnessed by P.W.2 and Chinnaswamy standing on the footpath, lost his life. 8. Learned Trial Magistrate imposed six months imprisonment for the offence punishable under Section 304A of IPC besides imposing fine for the offence punishable under Section 279 of IPC. 9. Being aggrieved by the same, accused filed an appeal before the First Appellate Court in Crl.A.No.165/2017. - 4 - HC-KAR NC: 2026:KHC:14027 CRL.RP No. 695 of 2018 10. Learned Judge in the First Appellate Court after securing the records, heard the arguments of the parties in detail and on reappreciation of the material evidence placed on record, noted that testimony of P.W.2 who is eye witness to the incident, is acceptable and owner of Nagendra Nursery being examined as P.W.3, deposed about the rash and negligent driving of the revision petitioner herein which dashed against the Maruti Swift Car and further dashed against Sri.Chinnaswamy who was standing on the footpath. Because of the impact of the incident, he was thrown out to the distance of about 50 feet near the electric pole. 11. Very fact that Sri.Chinnaswamy, who was standing on the footpath and who fell about 50 feet away from the place where he was standing, itself shows the rash and negligence with which revision petitioner drove his Maruti Van. 12. Two Courts have recorded a finding of guilt of the accused in the absence of any explanation offered by the accused as is contemplated under Section 313 of Cr.P.C. 13. In the light of the arguments put forth before this Court, on perusal and reappreciaiton of the material on record, - 5 - HC-KAR NC: 2026:KHC:14027 CRL.RP No. 695 of 2018 following the dictum of the Hon’ble Apex Court in the case of Ravi Kapur v. State of Rajasthan reported in 2012 (9) SCC 284, this Court does not find any good grounds to interfere with the order of conviction. 14. This would take this Court to next submission of learned counsel for the revision petitioner with regard to the sentence. 15. Learned counsel for the revision petitioner would contend that sentence of imprisonment of six months is on the higher side and taking note of the fact that accused is a family person, this Court may enhance the fine amount and set aside the imprisonment period. 16. Per contra, learned High Court Government Pleader for the respondent/State would contend that because of the rash and negligent driving of the accused, a valuable human life has been lost and therefore, no mercy can be shown to the persons like revision petitioner and sought for dismissal of the revision petition. - 6 - HC-KAR NC: 2026:KHC:14027 CRL.RP No. 695 of 2018 17. Having considered the rival contentions of the parties, this Court noted that for the proved offence under Section 304A of IPC, especially in the absence of any plausible explanation offered by the accused, has gone to the extent of denying the very incident itself, this Court does not find any good grounds to interfere with the imprisonment period of six months ordered by the learned Trial Magistrate confirmed by the learned Trial Magistrate confirmed by the First Appellate Court. 18. Mere fact that accused is a family person and has got a family to maintain, would not ipso facto result in setting aside imprisonment period having regard to the principles of law enunciated in the case of State of Punjab v. Saurabh Bakshi reported in (2015) 5 SCC 182. 19. Accordingly, the following: ORDER i. Revision petition is dismissed. - 7 - HC-KAR NC: 2026:KHC:14027 CRL.RP No. 695 of 2018 ii. However, time is granted for the revision petitioner to surrender before the Trial Court on or before 31.03.2026. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 47