IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100099 OF 2017 (397(Cr.PC)/438(BNSS))

BETWEEN:

THE SHIVAPPA @ SHIVANAND BASAPPA HALABAR, AGE: 31 YEARS, OCC. DRIVER, R/O. MANGOLI, TAL. BASAVAN BAGEWADI, DIST. VIJAYAPUR.

…PETITIONER (BY SRI K. H. BAGI, ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, DHARWAD BENCH, DHARWAD.

…RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

Digitally s N igned by V V N BADIGER BADIGERD

2 1 0 5 a 2 : t 2 e 5 5 : .0 :4 3 3 .18 +0530 THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH SECTION 401 OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT DATED 14.02.2017 PASSED BY THE VIII ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI AT BELAGAVI IN CRIMINAL APPEAL NO. 153 OF 2016 DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT DATED 24.09.2016 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, KHANAPUR AT KHANAPUR, IN CRIMINAL CASE NO. 553 OF 2009 FOR OFFENCE PUNISHABLE UNDER SECTIONS 279, 337, 338, 304-A OF IPC AND ACQUITTE THE RESPONDENT/ACCUSED BY SETTING ASIDE THE ABOVE SAID JUDGMENTS.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri K.H. Bagi, learned counsel for revision petitioner and Sri Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent.

2. Accused who suffered an order of conviction in C.C. No.553/2009 for the offence punishable under Section 279, 337, 338 and 304A of IPC is sentenced as under:

“Acting U/s 255 (2) of Cr.P.C., accused is convicted for the offences punishable U/s 279, 337, 338, 304A of IPC.

The accused is sentenced to undergo S.I.

for a period of six months and to pay a fine of Rs. 1000/- (Rupees one thousand only) for the offence punishable IJ/s 279 of IPC. In default of payment of fine amount, accused shall undergo S.I. for a period of 30 days.

The accused is sentenced to undergo S.I.

for a period of two months and to pay a fine of Rs.500/- (Rupees five hundred only) for the offence punishable U/s 337 of IPC. In default of payment of fine amount, accused shall undergo S.I. for a period of 15 days.

The accused is sentenced to undergo S.I.

for a period of four months and to pay a fine of Rs.1000/- (Rupees one thousand only) for the offence punishable U/s 338 of IPC. In default of payment of fine amount, accused shall undergo S.I. for a period of 30 days.

The accused is sentenced to undergo S.I.

for a period of six months and to pay fine of Rs.5000/- (Rupees five thousand only) for the offence punishable U/s 304A of IPC. In default of payment of fine amount, accused shall undergo S.I. for a period of 6 months.

Sentences shall run concurrently.

The bail bond of accused and surety stands cancelled.

Office is directed to supply free certified copy of this judgment to the accused forthwith.”

Order of conviction and sentence was confirmed in Crl.A.No.153/2016. As such, he has preferred the present revision petition challenging the validity of the conviction and order of sentence.

3. Facts in the nutshell for disposal of the revision petition are as under :

In respect of a road traffic accident occurred on

26.02.2008 at about 15:00 hours in the intervening midnight, on NH-4A road which is from Khanapur to Londa near Savargali canal, wherein a truck bearing No.KA-28/A- 5199 said to have dashed against a KSRTC bus bearing No.KA-28/F-1305 resulting in inmates of the bus injured and one of the passengers by name Dastgirsab Allisab Bagwan succumbed to the injuries, a complaint came to be lodged with jurisdictional police. A case came to be registered in Crime No.21/2008 and after thorough investigation charge sheet came to filed.

4. Learned Trial Magistrate took cognizance and after compliance of Section 207 of Cr.P.C., recorded the plea and accused pleaded not guilty. Therefore, trail was held.

5. In order to bring home the g