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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.548/2012

BETWEEN:

JAYANNA

S/O THIMMEGOWDA,

AGED ABOUT 36 YEARS,

DRIVER OF GOODS VEHICLE

RESIDING AT HALEPALYA

TIPTUR TALUK

TUMKUR DISTRICT 572202

... PETITIONER

(BY SRI. AMIT ANAND DESHPANDE, AMICUS CURIAE)

AND:

STATE OF KARNATAKA

BY TIPTUR RURAL POLICE REPRESENTED BY STATE

PUBLIC PROSECUTORHIGH COURT

BUILDING,BANGALOORU

&RESPONDENT

(BY SRI. V.S. VINAYAKA, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 READ WITH SECTION 401 OF CR.PC

PRAYING TO SET ASIDE THE JUDGMENT DATED:7.5.10

PASSED

BY

THE

PRL.CJ

AND

JMFC,

TIPTUR

IN

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C.C.NO.308/09 FOR THE ALLEGED OFFENCES P/U/SEC.279

AND 304-A IPC AND FURTHER TO SET ASIDE THE

JUDGMENT DATED:3.4.12 PASSED BY THE PO, FTC,

TIPTUR IN CRL.A.NO.59/10 AND ACQUIT THE PETITIONER

BY ALLOWING THE THIS PETITION.

THIS CRIMINAL REVISION PETITION COMING ON

FOR FINAL HEARING THIS DAY, THE COURT MADE THE

FOLLOWING:-

O R D E R

Heard Sri. Amit Anand Deshpande, learned Amicus

Curiae appearing for the revision petitioner and Sri. V. S.

Vinayaka,

learned

High

Court

Government

Pleader

appearing for respondent and perused the records.

2.

The revision petition is filed by the accused,

who has been convicted for the offences punishable under

Sections 279 and 304A of IPC and confirmed by the First

Appellate Court whereby, the accused is sentenced to

undergo simple imprisonment of three months for the

offence punishable under Section 279 of IPC and six

months simple imprisonment for the offence punishable

under Section 304A of IPC and ordered to pay fine of

Rs.500/- and Rs.3,000/- respectively.

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3.

Brief facts of the case are as under:

That on 25.11.2008 at about 7.20 a.m., near

Ramaiah of Manjunathanagar situated at Tiptur-Halkurike

Road, accused - revision petitioner being the driver of the

mini lorry bearing No.KA-06-9183 came in a rash and

negligent manner and dashed against Srinivas, who was

proceeding on his Hero Honda Splender Motor Cycle

bearing No.KA-05-EP-3816 whereby the said Srinivas

suffered grievous and fatal injuries and he was shifted to

Sanjay Gandhi Hospital, Bengaluru when he succumbed to

the injuries. Hence, the dependants of the deceased

sought for awarding suitable compensaion.

4.

The Tipturu Rural jurisdictional police have

registered a case based on the said complaint, investigated

the matter and laid a charge sheet against the accused for

the offences punishable under Sections 279 and 304A of

IPC and under Section 134(a) and (b) of the Indian Motor

Vehicles Act, 1988.

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5.

After taking the cognizance, the presence of

the accused was secured by the learned Magistrate and

plea was recorded. Accused pleaded not guilty, therefore,

the trial was held. In order to prove the case of the

prosecution, the prosecution in all examined eleven

witnesses and relied on documentary evidences, which

were exhibited and marked at Exs.P1 to P11. On

conclusion of the prosecution evidence, the accused

statement as contemplated under Section 313 of Cr.P.C.

was recorded wherein the accused denied all the

incriminatory materials. However, the accused did not

choose to place his version about the incident on record by

examining himself or by filing a written submission as is

contemplated under Section 313(5) of Cr.P.C. Learned

Magistrate thereafter heard the matter in detail and by

order dated 07.05.2020 convicted the accused for the

offence punishable under Section 134(a) and (b) of the

Indian Motor Vehicles Act, 1988 and under Sections 279

and 304A of IPC and has ordered a fine of Rs.1,000/- and

Rs.3,000/- respectively with default sentences. Being

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aggrieved by the same, the accused preferred an appeal in

Crl.A. No.59/2010.

6.

Learned judge after securing the records and

hearing the parties in detail