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NC: 2023:KHC:20009

CRL.RP No. 269 of 2020

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JUNE, 2023

BEFORE

THE HON'BLE MR JUSTICE V SRISHANANDA

CRIMINAL REVISION PETITION NO.269 OF 2020

BETWEEN:

IRSHAD

S/O SAHKE ALI

AGED ABOUT 26 YEARS,

R/AT GANDHI NAGAR,

2^ND CROSS, TIPTUR TOWN-572201

TUMKUR DISTRICT.

…PETITIONER

(BY SRI VIJAYAKUMAR S C, ADVOCATE)

AND:

STATE OF KARNATAKA

BY P.S.I. GUBBI POLICE STATION

GUBBI-572216

TUMAKURU DISTRICT.

…RESPONDENT

(BY SRI K.KRISHNAKUMAR, HCGP)

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC PRAYING

TO SET ASIDE THE JUDGMENT AND SENTENCE PASSED BY THE

LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND

MACT AT TUMAKURU IN CRL.A.NO.48/2018 DATED 19.12.2019

CONFIRMING THE JUDGMENT AND SENTENCE PASSED BY THE

LEARNED

SENIOR

CIVIL

JUDGE

AND

JMFC

GUBBI

IN

C.C.NO.545/2014

DATED

13.08.2018

AND

ACQUIT

THE

PETITIONER.

THIS REVISION PETITION, COMING ON FOR ADMISSION,

THIS DAY THE COURT MADE THE FOLLOWING:

Digitally

signed by R

MANJUNATHA

Location:

HIGH COURT

OF

KARNATAKA

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NC: 2023:KHC:20009

CRL.RP No. 269 of 2020

ORDER

1.

Heard Sri Vijayakumar S.C., leaned counsel for the

Revision Petitioner/accused and Sri K. Krishnakumar, learned

High Court Government Pleader for respondent/State and

perused the records at the stage of admission itself.

2.

The present Revision Petition is filed under Section

397 of Cr.PC. with the following prayer:

“Wherefore, the petitioner prays that this

Hon’ble Court be pleased to call for records and set

aside the judgment and sentence passed by the

learned I Addl. District Judge and MACT at

Tumakuru in Criminal Appeal No.48/2018 dated

19.12.2019 confirming the Judgment and sentence

passed by the learned Senior Civil Judge and

J.M.F.C Gubbi in C.C.545/2014 dated 13.08.2018

and acquit the petitioner and grant such other relief

as this Hon’ble Court deems fit under the

circumstances of the case in the interest of justice.”

3.

The brief facts of the case are as under:

The accused was charge sheeted for the offence

punishable under Sections 279 and 304A IPC, in respect of the

accident that took place on 17.09.2014 in the public road on

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NC: 2023:KHC:20009

CRL.RP No. 269 of 2020

NH No.206 at about 6.00 a.m., and at that time, the deceased

Kumar was proceeding in his Hero Honda splendor Motor cycle

bearing No.KA-06/ER-5279 from N. Mathighatta Village towards

Nittur, wherein the Revision Petitioner, who was accused before

the Trial Court was the driver of the Tata Indica Car bearing

No.KA-01/MF-0045 drove the said car in a rash and negligent

manner resulting in the accident, whereby the deceased Kumar

fell down from the motorcycle and sustained fatal injuries.

After noticing the accident, the people who are nearby, shifted

the injured to the District Hospital for treatment and after

obtaining first aid, the injured was shifted to Srinivasa Hospital,

Bengaluru and then to NIMHANS, Bengaluru. Despite best

treatment, on 20.09.2014 at about 4.00 p.m., the injured

succumbed to the injuries. The incident was reported to the

jurisdictional Police and a case came to be registered in Crime

No.193/2014, initially for the offence punishable under Sections

279 and 337 IPC. Thereafter, upon receipt of the information

of the death of the injured, Section 304A was invoked by the

investigation agency. The Police after thorough investigation,

filed charge sheet against the accused/petitioner for the offence

punishable under Sections 297 and 304A IPC.

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NC: 2023:KHC:20009

CRL.RP No. 269 of 2020

4.

The learned Magistrate took cognizance of the

matter and summoned the accused and recorded the plea of

the accused. Accused pleaded not guilty and therefore, trial

was held.

5.

In order to establish the case of the prosecution, in

all 9 witnesses were examined as PWs.1 to 9 and 11

documentary evidence were placed by the prosecution whic