Karnataka High Court
Sunil Kumar vs State By Psi on 3 June, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:18919
CRL.RP No. 412 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO. 412 OF 2017
BETWEEN:
SUNIL KUMAR
S/O SANGAPPA K
AGED ABOUT 34 YEARS
DRIVER OF KSRTC BUS BEARING
REG NO.KA-35 F 0033
RES/AT NEAR COURT
SHIKARIPURA TOWN
SHIVAMOGGA DIST-577 501
...PETITIONER
(BY SRI N.M.HANDRAL, ADVOCATE)
AND:
STATE BY PSI
TRAFFIC POLICE STATION
BHADRAVATHI,
REP. BY PUBLIC PROSECUTOR
Digitally HIGH COURT BUILDING
signed by R
MANJUNATHA BANGALORE-560 001
Location: ...RESPONDENT
HIGH COURT
OF (BY SRI CHANNAPPA ERAPPA, HCGP)
KARNATAKA
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED
04.03.2017 PASSED BY THE IV ADDITIONAL DISTRICT AND
SESSIONS JUDGE, SHIVAMOGGA, SITTING AT BHADRAVATHI
IN CRL.A.No.5006/2016 WHEREBY DISMISSING THE APPEAL
FILED BY THE PETITIONER AND CONFIRMING THE JUDGMENT
DATED 15.03.2016 PASSED BY THE I ADDITIONAL CIVIL
JUDGE AND J.M.F.C., BHADRAVATHI IN C.C.NO.3057/2013.
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NC: 2024:KHC:18919
CRL.RP No. 412 of 2017
THIS CRL.RP, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard Sri N.M.Handral, learned counsel for the petitioner and Sri Channappa Erappa, learned High Court Government Pleader.
2. Accused who has been convicted for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code in C.C.No.3057/2013 on the file of the I Addl. Civil Judge and JMFC, Bhadravathi dated 15.03.2016, confirmed in Crl.A.No.5006/2016 dated 04.03.2017 on the file of the IV Addl. District and Sessions Judge, Shivamogga, sitting at Bhadravathi, has filed the present Criminal Revision petition.
3. After hearing the arguments on merits for some time, Sri N.M.Handral, learned counsel for the petitioner submits that in the event of this Court upholding the Order of conviction, Court may consider the question of modifying the sentence.
4. Per contra, learned High Court Government Pleader submits that, if the sentence of imprisonment is set-aside, it would send a wrong message to the society at large, more so, -3- NC: 2024:KHC:18919 CRL.RP No. 412 of 2017 having regard to the fact that accused is the driver of KSRTC bus.
5. Having heard the learned counsel for the parties in detail, this Court perused the material on record, meticulously.
6. On such perusal of the material on record, it is crystal clear that the accused who was working as a driver in KSRTC has been dismissed from service.
7. The fact remains that accused is convicted for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code. The report given by RTO would go to show that there was no mechanical defect in the vehicle, as on the date of the accident. Therefore, the accident has occurred purely on account of negligence on the part of the Revision Petitioner. Therefore, hardly there is any scope to interfere with the Order of conviction.
8. Having said thus, learned Trial Magistrate has sentenced the accused to undergo imprisonment for six months for the offence punishable under Section 338 of the Indian Penal Code. -4-
NC: 2024:KHC:18919 CRL.RP No. 412 of 2017
9. Accused being the driver and lost the job, this Court is of the considered opinion that imposing fine of Rs.10,000/- inclusive of the fine already imposed by the Trial Court and setting aside the imprisonment for a period of six months would meet the ends of justice, inasmuch as, accused has lost his job as driver and there cannot be any scope for repetition of the offences.
10. Accordingly, the following:
ORDER
(i) Crl. Revision Petition is allowed in part.
(ii) While maintaining the conviction of the accused for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code, sentence of imprisonment ordered by the Trial Magistrate confirmed by the First Appellate Court for the offence punishable under Section 338 of the Indian Penal Code for a period of six months is hereby set-aside by enhancing the fine amount in a sum of Rs.10,000/- inclusive of the fine amount already imposed by the Trial Court.
(iii) Time is granted to the accused to pay the fine amount till 22nd June 2024.
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NC: 2024:KHC:18919 CRL.RP No. 412 of 2017
(iv) In the event of the accused failing to deposit the fine amount on or before 22nd June 2024, automatically the order of sentence passed by the learned Trial Magistrate confirmed by the First Appellate Court stands restored.
(v) Office is directed to return the Trial Court records with copy of this Order, forthwith.
Sd/-
JUDGE kcm List No.: 1 Sl No.: 66