Modification of sentencing for offences under IPC reflecting circumstances of case.

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL REVISION PETITION NO.200108 OF 2024 (397(Cr.PC)/438(BNSS))

BETWEEN:

MUDAKAPPA S/O NINGAPPA HELAVAR, AGE:27 YEARS, OCC: DRIVER, R/o. MADIKESHWAR TQ. MUDDEBIHAL, DIST. VIJAYAPURA-586101.

…PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)

AND:

THE STATE OF KARNATAKA, THROUGH MANAGULI POLICE STATION, TQ. BASAVANA BAGEWADI, DIST. VIJAYAPURA-586101, REPTD BY ADDL. STATE PUBLIC PROSECUTOR, HIGH Court BUILDING, KALABURAGI.

…RESPONDENT (BY SRI GOPALKRISHNA B. YADAV, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 OF CR.PC,(OLD) / U/S 438 R/W 442 OF BNNS, 2023 (NEW) PRAYING TO SET ASIDE THE JUDGMENT DATED 04.07.2024 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE VIJAYAPURA, IN CRL.A NO.08/2023 AND FURTHER TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 13.01.2023 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, BASAVANA BAGEWADI IN C.C.NO.401/2018 FOR THE OFFENCE PUNISHABLE UNDER SECTION 279, 337, 338, 304(A) OF IPC AND ACQUIT THE PETITIONER.

THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER (PER: HON'BLE MRS JUSTICE M G UMA)

The petitioner being the accused in C.C.No.401/2018 on the file of the learned Senior Civil Judge and JMFC, Basavana Bagewadi [for short, ‘the Trial Court’] is impugning the judgment dated 13.01.2023 convicting him for the offences punishable under Sections 279 , 337, 338 and 304A of the Indian Penal Code, 1860 [for short, ‘the IPC ’] and sentencing to undergo simple imprisonment for a period of 6 months for the offence punishable under Section 279 of IPC ; to undergo simple imprisonment for a period of 3 months for the offence punishable under Section 337 of IPC ; to undergo simple imprisonment for a period of 6 months for the offence punishable under Section 338 of IPC ; and to undergo simple imprisonment for a period of 1 year for the offence punishable under Section 304A of IPC , which was confirmed in Criminal Appeal No.8/2023 on the file of the learned II Additional District and Sessions Judge, Vijayapura [for shot ‘First Appellate Court’] vide judgment dated 04.07.2024.

2. The facts of the case in brief are that, on

13.07.2016 when PW-2 was riding the motor cycle along with his wife and two minor children on pillion, accused being the driver of the bolero jeep bearing Reg.No.KA- 28/N-9165 drove the same in a rash and negligent manner and at high speed so as to endanger the life of public, dashed to the motor cycle on the left side of the road, as a result of which, PW-2 rider and the pillion riders fell down and deceased being the son of PWs-1 and 2 aged 5 years died. In the accident, PW.1 and PW.2 and their other child also sustained injuries. Thereby the accused has committed the aforementioned offences.

3. The Trial Court took cognizance of the offences and registered the criminal case. The accused had appeared before the Trial Court, pleaded not guilty and claimed to be tried. The prosecution examined PW.1 to PW.6 and got marked Exs.P1 to P13 in support of its contention. The accused has denied all the incriminatory materials available on record, but has not led any evidence in support of his defence. The Trial Court, after taking into consideration all these materials on record, came to the conclusion that, the prosecution is successful in proving the guilt of the accused beyond reasonable doubt and accordingly, passed the impugned judgment of conviction and order of sentence. Being aggrieved