Sheik Khaleel vs State Of Karnataka
2024 Latest Caselaw 10249 Kant

Karnataka High Court

Sheik Khaleel vs State Of Karnataka on 10 April, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

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                                                              NC: 2024:KHC:14651
                                                          CRL.RP No. 697 of 2014




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 10TH DAY OF APRIL, 2024

                                              BEFORE
                       THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

                             CRIMINAL REVISION PETITION NO. 697 OF 2014

                   BETWEEN:
                   SHEIK KHALEEL
                   S/O SHEIK MOHAMMED
                   AGED ABOUT 25 YEARS,
                   R/AT NO.26, 7TH CROSS,
                   OLD GUDDADAHALLI, PADARAYANAPURA,
                   BANGALORE - 560 026
                                                                   ...PETITIONER
                   (BY SRI. AKRAM PASHA .K., ADVOCATE)
Digitally signed
by R
HEMALATHA
Location: HIGH     AND:
COURT OF
KARNATAKA          STATE OF KARNATAKA
                   BY RAJAJINAGAR TR.P.S
                   REP. BY PUBLIC PROSECUTOR
                   HIGH COURT OF KARNATAKA
                   BANGALORE - 560 001
                                                                  ...RESPONDENT
                   (BY SRI. THEJESH .P. HCGP, ADVOCATE)

                          THIS CRL.RP IS FILED U/S.401 R/W 397 CR.P.C PRAYING TO
                   SET ASIDE THE ORDER DATED 28-07-2014 IN CRL.APPEAL
                   NO.752/2011, PASSED BY THE HON'BLE F.T.C.-XV AT BANGALORE
                   AND IN C.C.NO.604/2006 D.D. 13-10-2011, PASSED BY THE HONBLE
                   III-MMTC, BANGALORE, AND FURTHER BE PLEASED TO PASS ANY
                   OTHER ORDER COMMENSURATING WITH THE FACTS AND
                   CIRCUMSTANCES OF THE CASE.

                          THIS CRL.RP, COMING ON FOR FINAL HEARING, THIS DAY,
                   THE COURT MADE THE FOLLOWING:
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                                               NC: 2024:KHC:14651
                                          CRL.RP No. 697 of 2014




                              ORDER

The petitioner/accused who is convicted for the offence punishable under Sections 279, 304-A and 134 (A and B) read with Section 187 of the Motor Vehicle Act, is before this Court.

2. The case of the prosecution is that, on 31.12.2005, at about 11:30 a.m., the accused drove the tempo in a rash and negligent manner and dashed against the scooter which was coming from the opposite direction, due to which the rider of the scooter fell, and sustained bleeding injuries, and succumbed to the same.

3. The prosecution to prove its case examined P.Ws.1 to 11, and the marked the documents at Ex.P1 to P12. The trial Court after appreciating the evidence on record held that the prosecution has established the guilt of the petitioner beyond all reasonable doubt, and passed the judgment of conviction which was affirmed by the Appellate Court. Against which, the present revision petition is filed.

4. Heard the learned counsel for the petitioner and learned HCGP for the respondent-State.

5. P.Ws.4 and 5 who are the eye witnesses to the accident, in their examination-in-chief have stated that the accident occurred due to the negligent act of the petitioner/accused who came on the right side of the road and dashed against the scooter. Nothing was elicited in the cross examination to disbelieve the statement. The spot sketch at Ex.P7 also indicated that the spot of

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the accident was on the right side of the road and the petitioner/accused having not disputed with the accident, the prosecution has established the guilt of the accused beyond all reasonable doubt. The accident is of the year 2005 and as of today, the petitioner/accused is aged about 40 years. After long passage of time, if the petitioner is sentenced to imprisonment for a period of 6 months, it would cause miscarriage of justice to the petitioner/accused and also to the family members who are dependent on the petitioner/accused for their livelihood. Therefore, the impugned order requires to be modified. Accordingly, I pass the following:

ORDER

i. Criminal Revision Petition is allowed-in-part.

ii. The impugned judgment of conviction and order of sentence dated 13.10.2011 passed by MMTC- III, Bengaluru city and the judgment dated 28.07.2014 passed by the Presiding Officer, FTC-XV, Bengaluru in Crl.A.No.752/2011 is hereby confirmed.

iii. The order of sentence dated 13.10.2011 passed by the MMTC-III in C.C.No.604/2006 sentencing the petitioner to undergo imprisonment for the aforesaid sentence as enumerated in the order of sentence is set aside.

iv. The petitioner in addition to the fine amount imposed, is sentenced to pay additional fine of

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Rs.50,000/- within two months from the date of receipt of certified copy of this order. Failing which, he shall undergo simple imprisonment for a period of three months.

v. The fine amount Rs.50,000/- shall be paid to the legal representatives of the deceased, if they are available, and if not available, the additional fine amount of Rs.50,000/- shall be defrayed towards the cost incurred by the State Government.

Sd/-

JUDGE

RKA