IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100234 OF 2018 (397(Cr.PC)/438(BNSS))

BETWEEN:

P. NAGRAJ S/O. K. PERUMAL, AGE: 32 YEARS, OCC: DRIVER, R/O: YARAMBADI, TQ: KOLLEGI, DIST: CHAMRAJNAGAR.

…PETITIONER (BY SRI. B.G. INDI, ADVOCATE FOR SRI. K.L. PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA, THROUGH RANEBENNUR RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

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

Digitally signed by V N BADIGER THIS CRIMINAL REVISION PETITION IS FILED UNDER Location:

V N H Ka ig rn h a C ta o k u a r , t of SECTION 397 R/W 401 OF CR.P.C. SEEKING TO 1) ALLOW THIS BADIGERDharwad Bench Date: REVISION PETITION AND SET ASIDE THE JUDGMENT AND ORDER OF

2025.04.19 10:32:27 +0530 CONVICTION AND SENTENCE DATED 19.11.2018 PASSED BY THE II ADDL. DISTRICT AND SESSIONS JUDGE, HAVERI (SITTING AT RANEBENNUR), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279, 337, 338 & 304-A OF IPC; 2) CONSEQUENTLY, SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 31.03.2015 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND PRL. JMFC COURT, RANEBENNUR IN C.C.NO.190/2009 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279, 337, 338 &

304-A OF IPC, AND ACQUIT THE PETITIONER AND ETC., THIS CRIMINAL REVISION PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

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

Heard Sri.B.G.Indi, learned counsel for petitioner and Sri. Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-State.

2. Revision petitioner is the accused who has been convicted in CC No.190/2009 by the Principal Civil Judge (Sr. Dvn.) and JMFC., Ranebennur for the offences punishable under Sections 279, 337, 338, 304A of IPC and sentenced as under:

“Acting under section 255(2) of Cr.P.C the accused is hereby held guilty for the offences punishable under sections 279, 337, 338 and 304- A of IPC and is accordingly convicted for the said offences.

The accused is sentenced to pay a fine of Rs.700/- for the offence punishable U/s 279 of IPC, in default he shall undergo 3.1 for one month.

He is further sentenced to pay a fine of Rs.300/- for the offence punishable under Sec.337 of IPC and in default he shall undergo S.I for a period of one month.

He is further sentenced to pay a fine of Rs.700/- for the offence U/s 338 of IPC and in default he shall undergo a S.1 for a period of six months.

The accused is further sentenced to undergo S.I for a period of one year and shall also be liable to pay fine of 2,000/- for the offence punishable under Sec.304-A of the IPC and in default he shall further undergo S.I for two months.

The above sentences shall run concurrently excluding the period of sentence which he has already undergone.

His bail bond and surety bond hereby stand cancelled.

Supply free copy of this judgement to the accused.”

3. Validity of the conviction and sentence was confirmed in Crl A.No.31/2015 by considered judgment dated 19.11.2018.

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

4.1 In respect of a road traffic accident that occurred on 28.06.2009 at about 9.30 hours within the limits of Ranebennur Rural police Station in Chalagere village on Puna-Bengaluru road, NH4, a complaint came to be lodged with Ranebennur Rural Police.

4.2 Complaint averments would reveal that the tractor and trailer unit bearing No.KA-11/T-4681-4682 was being pushed by CWs.6 to 11 and the complainant on account of the fact that diesel in the tank got empty. Accused being the driver of the lorry bearing No. KA.01/D- 6425 drove the same in rash and negligent manner and ran over on the persons who are pushing the tractor and trailer unit.

4.3 Among them CWs.6 to 11 sustained simple and grievous injuries and three persons sustained fatal injuries and they died on the spot. Accused being t