- 1 - HC-KAR NC: 2026:KHC:14451 CRL.RP No. 728 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION No.728 OF 2018 (397(Cr.PC) / 438(BNSS) BETWEEN: MR SHASHI @ SHASHI KUMAR S/O ANNAPPA AGED ABOUT 25 YEARS COOLIE, R/O SHANKARAPURA CHIKMAGALUR-577 101 …PETITIONER (BY SRI GANAPATHI BHAT, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THE POLICE SUB INSPECTOR, CHIKKAMAGALURU, RURAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-1 …RESPONDENT (BY SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 28.09.2017 PASSED IN C.C.NO.196/2016 BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU AND ALSO THE JUDGMENT DATED 07.04.2018 PASSED BY THE II ADDITIONAL SESSIONS JUDGE, CHIKKAMAGALURU IN CRL.A.NO.168/2017 AND ACQUIT THE PETITIONER HEREIN IN C.C.NO.196/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGLAURU. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14451 CRL.RP No. 728 of 2018 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 Ganapathi Bhat, learned counsel for the revision petitioner and Sri K.Nageshwarappa, learned High Court Government Pleader. 2. Accused is convicted for the offence punishable under Sections 279 and 304A of Indian Penal Code (‘IPC’ for short) in C.C No.196/2016 confirmed by the First Appellate Court in Criminal Appeal No.168/2017. 3. Facts in the nutshell which are utmost necessary for disposal of the present case is as under: A charge sheet came to be filed against the revision petitioner/accused alleging that he being the driver of a Tata Ace goods vehicle bearing registration No.KA-18/A-8542, on 17.10.2014 at about 12.30 p.m. within the jurisdiction of Chikkamagaluru Police Station near Kalasapura village, picked up the passengers and drove the same in a rash and negligent manner, as a result of which, the vehicle got turtle and in the - 3 - HC-KAR NC: 2026:KHC:14451 CRL.RP No. 728 of 2018 said incident, CW-16 and CW-20 sustained simple injuries, CW- 17 to CW-19 sustained grievous injuries and one of the inmates of the said Tata Ace viz., Asma Banu succumbed to the injuries. 4. After due trial, accused was convicted for the aforesaid offences and sentenced as under: “1. The accused has been convicted U/S 255(2) of Cr.P.C for the offences punishable U/S 279, 337, 338, 304(A) IPC and Sec.181, 192(A) of IMV Act. 2. Accused is sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,000/- for the offence punishable U/S 279 IPC. In default of payment of fine amount he shall undergo simple imprisonment for a period of 20 days. 3. Accused is sentenced to pay a fine of Rs.500/- for the offence punishable U/S 337 IPC. In default of payment of fine amount, he shall undergo simple imprisonment for a period of 10 days. 4. Accused is sentenced to pay a fine of Rs.1,000/- for the offence punishable U/S 338 IPC. In default of payment of fine amount, he shall undergo simple imprisonment for a period of 20 days. 5. Accused is sentenced undergo simple imprisonment for a period of one year and to pay fine of Rs.5,000/- for the offence punishable U/S 304(A) IPC . In default of payment - 4 - HC-KAR NC: 2026:KHC:14451 CRL.RP No. 728 of 2018 of fine amount, he shall undergo simple imprisonment for a period of two months. 6. Accused is sentenced to pay a fine of Rs.500/- for the offence punishable U/S 181 of IMV Act. In default of payment of fine amount, he shall undergo simple imprisonment for a period of 10 days. 7. Accused is sentenced to pay a fine of Rs.2,000/- for the offence punishable U/S 192(A) of IMV Act. In default of payment of fine amount, accused shall undergo simple imprisonment for 40 days.” 5. Being aggrieved by the said Order of conviction and sentence, accused filed an appeal before the District Court in Criminal Appeal No.168/2017. 6. Learned Judge in the First Appellate Court, after securing the records, heard the arguments of the parties and by the judgment dated 07.04.2018 dismissed the appeal and confirmed the Order of conviction and sentence passed by the Trial Court. 7. Being further aggrieved by the same, accused is before this Court. - 5 - HC-KAR NC: 2026:KHC:14451 CRL.RP No. 728 of 2018 8. Sri Ganapathi Bhat, learned counsel for the revision petitioner/accused reiterating the grounds urged in the revision petition, vehemently contented that both the Courts have not properly appreciated the material evidence on record and wrongly convicted the accused resulting in miscarriage of justice and sought for allowing the revision petition. 9. Per contra, Sri K.Nageshwarappa, learned High Court Government Pleader supports the impugned judgment. 10. Having heard the arguments of both sides, this Court perused the material on record meticulously. 11. On such perusal of the material on record, it is crystal clear that the offending vehicle is a goods vehicle bearing registration No.KA-18/A-8542. 12. In the first place, picking up the passengers in the said goods vehicle itself amounts to negligence, inasmuch as, in a goods vehicle no passenger can be transported, except the permitted personnel in the cabin, which is, driver and one person (helper/cleaner/owner of goods). - 6 - HC-KAR NC: 2026:KHC:14451 CRL.RP No. 728 of 2018 13. Admittedly eight persons were travelling in the Tata Ace vehicle driven by accused. When the vehicle was moving near Kalasapura village, the unfortunate incident occurred, as a result of which the vehicle driven by the accused got turtle and two of the inmates sustained simple injuries and three of the injured persons sustained grievous injuries. 14. They have categorically deposed before the Court about the accused being the driver of the Tata Ace vehicle and injuries sustained by them on account of the rash and negligent driving of the accused with graphic details. 15. No doubt a feeble attempt is made before the Court to contend that the accused was not the driver of the vehicle in question at the time of incident. 16. Since the injured eye witnesses have identified the accused, the said argument is rightly turned down by the learned Trial Magistrate and learned Judge in the First Appellate Court. - 7 - HC-KAR NC: 2026:KHC:14451 CRL.RP No. 728 of 2018 17. Therefore, this Court does not find any good grounds to interfere with the order of conviction recorded by both the Courts. 18. Insofar as the sentence for the offence punishable under Section 304A is concerned, learned Trial Magistrate has awarded one year imprisonment which is confirmed by the First Appellate Court. 19. Merely on the ground that three of the inmates have sustained grievous injuries, would not make out a case for granting one year punishment for the offence under Section 304A IPC. 20. In that regard, there is no proper reason forth coming in the Order regarding sentence passed by Trial Magistrate. Learned Judge in the First Appellate Court also did not consider the same. 21. Taking note of the principles of law enunciated by the Hon'ble Apex Court in the case of State of Punjab vs. Sauragh Bakshi reported in (2015)5 SCC 182, if the imprisonment ordered by learned Trial Magistrate confirmed by - 8 - HC-KAR NC: 2026:KHC:14451 CRL.RP No. 728 of 2018 the First Appellate Court is reduced from one year to six months, keeping the remaining portion of the sentence intact, that would meet the ends of justice, in the facts and circumstances of the case. 22. Accordingly, the following: ORDER (i) Revision Petition is allowed in part. (ii) While maintaining the conviction of the revision petitioner/accused for the offence under Sections 279 and 304A IPC and Sections 181 and 192(A) of the Motor Vehicles Act, the sentence ordered by the learned Trial Magistrate confirmed by the First Appellate Court with one year simple imprisonment for the proved offence under Section 304A IPC is reduced to six months. (iii) Rest of the sentence is kept intact. (iv) Revision petitioner/accused is granted time till 31.03.2026 to surrender before the Trial Court for serving the remaining part of the sentence. - 9 - HC-KAR NC: 2026:KHC:14451 CRL.RP No. 728 of 2018 (v) Office is directed to return the Trial Court Records with copy of this order forthwith for issue of modified conviction warrant. Order accordingly. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 67