- 1 - HC-KAR NC: 2026:KHC:10314 CRL.RP No. 139 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 139 OF 2019 BETWEEN: SRI NARAYANASWAMY S/O THIMMARAYAPPA R/A LAKKUR VILLAGE MALUR TALUK KOLAR DIST - 563 130. …PETITIONER (BY SRI SRINATH B.R, ADV., SRI M.R. NANJUNDA GOWDA, ADV.) AND: 1. STATE OF KARNATAKA BY THIRUMALSHETTAHALLI POLICE STATION BENGALURU RURAL REPRESENTED BY SPP HIGH COURT BUILDING VIDHANA SOUDHA BENGALURU - 01. 2. SRI VENKATESHAPPA S/O LATE MUNIYAPPA AGED ABOUT 67 YEARS. 3. SMT. VARALAKSHMAMMA W/O VENKATESHAPPA AGED ABOUT 62 YEARS. RESPONDENT NO.2 & 3 ARE R/AT AREHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU DISTRICT. …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10314 CRL.RP No. 139 of 2019 (BY SRI CHANNAPPA ERAPPA, HCGP; SRI R.V. ANAND, ADV,) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 14.02.2018 PASSED BY THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, IN CRL.A.NO.30/2015 AND THE JUDGMENT DATED 31.03.2015 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSAKOTE IN C.C.NO.598/2008 AND THEREBY ACQUIT THE PETITIONER OF THE OFFENCE ALLEGED AGAINST BY ALLOWING THE PRESENT REVISION. THIS PETITION, COMING ON FOR FUTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused is before this Court in this Criminal revision petition filed under Section 397 R/w 401 of Cr.P.C, with a prayer to set aside the judgment and order dated 31.03.2015 passed in C.C.No.598/2008 by the Court of Addl. Civil Judge & JMFC, Hoskote and the judgment and order dated 14.02.2018 passed in Criminal Appeal No.30 of 2015 by the Court of VII Addl. District & Sessions Judge, Bengaluru Rural District, Bengaluru. 2. Heard the learned counsel appearing for the parties. 3. Petitioner herein was prosecuted before the jurisdictional Court of Magistrate in C.C.No.598 of 2008 for the - 3 - HC-KAR NC: 2026:KHC:10314 CRL.RP No. 139 of 2019 offence punishable under Sections 279, 304A of the IPC and Section 134(A) and (B) of the Indian Motor Vehicles Act. In the said proceedings, petitioner was convicted and sentenced for the charge sheeted offences. For the offence punishable under Section 279 of IPC, petitioner was sentenced to undergo simple imprisonment for a period of 6 months and pay fine of ₹.1,000/- and in default to undergo further simple imprisonment for a period of 1 month. For the offence punishable under Section 304A of IPC, petitioner was sentenced to undergo simple imprisonment for a period of 2 years and pay fine of ₹.3,000/- and in default to undergo simple imprisonment for a further period of 5 months. For the offence punishable under Section 134(A) and (B) of Indian Motor Vehicles Act, petitioner was sentenced to pay fine of ₹.500/- and in default undergo simple imprisonment for a period of 7 days. The said judgment and order of conviction and sentence passed by the Trial Court in C.C.No.598/2008 was confirmed by the Appellate Court in Criminal Appeal No.30 of 2015 by judgment and order dated 14.02.2018. It is under these circumstances, the petitioner is before this Court. - 4 - HC-KAR NC: 2026:KHC:10314 CRL.RP No. 139 of 2019 4. Learned counsel for the petitioner submits that, dispute between the parties has been amicably settled and the petitioner has paid a sum of ₹.1,00,000/- as compensation to the parents of the deceased in the present case. He submits that, parents of the deceased are arrayed as respondent nos.2 and 3 in the present revision petition and they have filed joint affidavit before this Court on 19.12.2023 with a prayer to permit the parties to compound the offence for which the petitioner has been convicted and sentenced by the Courts below. Respondent no.2 and respondent no.3, who are present in person before the Court are identified by their learned advocate and it is submitted that settlement arrived between the parties is voluntary without there being any undue influence or coercion. They have also admitted receipt of compensation of ₹1,00,000/- from the petitioner in cash. Respondent no.2 and respondent no.3 have admitted to the contents of the joint affidavit filed by them before this Court on 19.02.2023. 5. The Hon'ble Supreme Court in almost identical circumstances in the case of MANISH JALAN V STATE Of - 5 - HC-KAR NC: 2026:KHC:10314 CRL.RP No. 139 of 2019 KARNATAKA - (2008) 8 SCC 225 has observed in paragraph nos.16 and 17 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 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." - 6 - HC-KAR NC: 2026:KHC:10314 CRL.RP No. 139 of 2019 6. In view of the aforesaid, I am of the opinion that, the revision petition is required to be disposed of, maintaining the judgment and order of conviction and modifying the order of sentence passed against the petitioner. 7. It is brought to the notice of this Court that petitioner, who was arrested in the present case was in custody for almost four months. Under the circumstances, I proceed to pass the following:- ORDER i. Criminal revision petition is partly allowed. ii. The impugned judgment and order of conviction passed by the Courts below convicting the petitioner for offences punishable under Section 279 and 304(A) of IPC and Section 134(A) and (B) of IMV Act is confirmed. However, the substantive sentence of imprisonment imposed for offences punishable under Section 279 and 304(A) of IPC is reduced to the period already undergone by the petitioner. The imposition of fine by the Trial Court on the petitioner is affirmed and he is - 7 - HC-KAR NC: 2026:KHC:10314 CRL.RP No. 139 of 2019 given four weeks time to deposit the said fine amount before the Trial Court, if not already deposited. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 39