Karnataka High Court
Sunil vs The State Of Karnataka on 26 June, 2025
Author: V. Srishananda
Bench: V. Srishananda
-1-
NC: 2025:KHC-K:3479
CRL.RP No. 200014 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL REVISION PETITION NO.200014 OF 2023
(397(Cr.PC)/438(BNSS))
BETWEEN:
SRI SUNIL S/O CHANDU KARE @ KORE,
AGED ABOUT 30 YEARS, OCC: DRIVER,
R/O. GUNNAPUR ROAD, GANDHI NAGAR,
VIJAYAPURA-586101.
...PETITIONER
(BY SRI S.S. MAMADAPUR, ADVOCATE)
Digitally signed by
SUMITRA
SHERIGAR
Location: HIGH AND:
COURT OF
KARNATAKA
THE STATE OF KARNATAKA,
THROUGH DEVAR HIPPARAGI P.S.,
REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL'S OFFICE,
HIGH COURT BUILDING,
KALABURAGI
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
-2-
NC: 2025:KHC-K:3479
CRL.RP No. 200014 of 2023
HC-KAR
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 R/W. SECTION 401 OF CR.P.C.,
PRAYING TO SET ASIDE THE JUDGMENT DATED
20.01.2023 PASSED BY THE III ADDL. SESSIONS JUDGE,
VIJAYAPURA, IN CRIMINAL APPEAL NO.39/2021 AS WELL
AS THE JUDGMENT DATED 10.11.2021 PASSED BY THE
CIVIL JUDGE AND JMFC, SINDAGI, IN C.C. NO.782/2015.
THIS PETITION, COMING ON FOR FINAL HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V. SRISHANANDA)
1. Heard Sri S.S. Mamadapur, learned counsel, for
the revision petitioner and Sri Jamadar Shahabuddin,
learned High Court Government Pleader, for the
respondent-State.
2. Revision petitioner is the accused, who suffered
an order of conviction under Sections 279, 337 and 304A
of IPC in C.C. No.782/2015, confirmed in Criminal Appeal
No.39/2021.
3. Accused was sentenced as under:
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"Accused is sentenced to under go simple
imprisonment for a period of 06 months for the
offence punishable U/sec.279 of IPC and sentenced
to pay a fine of Rs.1000/- in default he shall further
under go simple imprisonment for 30 days.
Further accused is sentenced to under go
simple imprisonment for a period of 3 months for
the offence punishable U/sec.337 of IPC.
Further accused is sentenced to under go
simple imprisonment for a period of 1 year for the
offence punishable U/sec.304(A) of IPC and
sentenced to pay a fine of Rs. 10,000/- in default
he shall further under go simple imprisonment for
03 months."
4. Facts in brief, which are utmost necessary for
disposal of the present petition, are as under:
4.1 In respect of a road traffic accident said to have
occurred on 27.04.2017 involving the goods tum-tum Auto
Rickshaw bearing No.KA-28/B-7102, a complaint came to
be lodged with the Devar-Hipparagi Police Station. The
accused being the driver of the said tum-tum Auto
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Rickshaw, drove the vehicle in a rash and negligent
manner and because of this rash and negligent manner
Auto Rickshaw got toppled down and inmates of the said
vehicle sustained injuries. One of the inmates, by name
Dastgirsab Bagawan was shifted to the hospital, but
despite best treatment he succumbed to injuries on
28.04.2015.
4.2 Police after registering the case, conducted
thorough investigation and filed charge-sheet against the
accused. Accused did not plead guilty, therefore, trial was
held.
4.3 After due trial, accused was convicted for the
aforesaid offences based on the testimony of the injured
eyewitnesses, who were also inmates of the said vehicle at
the time of incident. In the absence of any plausible
explanation, placing the version of the accused, the trial
Magistrate convicted the accused as aforesaid and
sentenced him to undergo simple imprisonment for a
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period of one year for the offence under Section 304(A) of
IPC.
4.4 Validity of the said judgment was called in
question by the accused by filing a Criminal Appeal
No.39/2021. Learned Judge in the First Appellate Court
after securing the records heard the arguments of the
parties in detail and by judgment dated 20.01.2023
dismissed the appeal of the accused and confirmed the
order of conviction and sentence.
5. Being further aggrieved by the same, the
accused is before this Court in this revision petition.
6. Learned counsel Sri S.S. Mamadapur for the
revision petitioner vehemently contended that both the
Courts have grossly erred in convicting the accused and
sought for allowing the revision petition.
7. Alternatively Sri Mamadapur submitted that in
the event of this Court upholding the order of conviction,
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he sought for modifying the sentence for the offence under
Section 304A of IPC and sought to pass suitable orders.
8. Per contra, learned High Court Government
Pleader Sri Jamadar Shahabuddin supports the impugned
judgment and sought for dismissal of revision in toto.
9. Having heard the arguments on both sides, this
Court perused the material on record meticulously.
10. On such perusal of the material on record, it is
seen that the accused being the driver the goods tum tum
vehicle bearing No.KA-28/B-7102 is not in dispute.
Accident has occurred on account of rash and negligent
driving of the tum tum near Tamboli Dhaba on 27.04.2015
at 6.00 p.m. in a curve. The inmates of the autorickshaw
suffered grievous injuries.
11. Pertinently, very fact that accused allowed the
passengers to board the goods vehicle itself shows there is
negligence on the part of the accused.
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12. Further, without attending the injured, accused
ran away from the spot. Taking note of these aspects of
the matter and also based on the testimony of the injured
witnesses, learned Trail Judge and learned Judge in the
First Appellate Court were justified in recording an order of
conviction for the aforesaid offences.
13. Having said thus, since there is only one death
and other inmates have sustained simple injuries, if the
sentence of imprisonment for the offence punishable under
Section 304-A of IPC is reduced from one year to six
months, ends of justice would be met by following the
dictum of the Hon'ble Apex Court in the case of State of
Punjab vs. Saurabh Bakshi reported in (2015) 5 SCC
182.
14. Accordingly, in view of the foregoing discussion,
following order is passed:
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HC-KAR
ORDER
a) Revision petition is allowed in part.
b) While maintaining the conviction of the
accused/revision petitioner for the
offences punishable under Section 279,
337 and 304A of IPC, sentence of
imprisonment for one year for the offence
under punishable Section 304A of IPC is
reduced to six months
c) Rest of the sentence stands unaltered.
d) Time is granted for the accused to
surrender before the Trial Court till
30.07.2025 for serving the remaining part
of the sentence.
e) Office is directed return the Trial Court
records with copy of this order forthwith
for issue of modified conviction warrant.
Sd/-
(V. SRISHANANDA)
JUDGE
SBS,SRT
CT:PK
