IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100042 OF 2019 (397(Cr.PC)/438(BNSS))

BETWEEN:

LAXMAN S/O. HANAMANTH BAJANTRI, AGE: 37 YEARS, OCC. COOLIE AND DRIVER, R/O. BAJANTRI GALLI, GULEDAGUDDA, TQ. BADAMI, DIST. BAGALKOTE.

…PETITIONER (BY SRI. PRAKASH N. HOSAMANE, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH P.S.I., BAGALKOTE, RURAL POLICE STATION, Dig itally REPT. BY S.P.P., HIGH COURT OF KARNATAKA, signed by V DHARWAD. N BADIGER …RESPONDENT Location:

High Court (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

of Karnataka, Dharwad THIS CRIMINAL REVISION PETITION IS FILED UNDER Bench SECTION 397(1) R/W. 401 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE PASSED BY II-ADDL. DIST. & SESSIONS JUDGE, BAGALKOTE IN CRL.A.NO.03/2012, DATED 13.11.2018 AND THE JUDGMENT AND ORDER OF CONVICTION PASSED BY THE COURT OF ADDL. CIVIL JUDGE & JMFC COURT, BAGALKOTE IN C.C.NO.183/2011 DATED 16.01.2012 FOR THE OFFENCES UNDER SECTIONS 279, 337, 304-A OF IPC AND SECTION 187 UNDER SECTION 3 R/W. SECTION 181 & UNDER SECTION 146 R/W. 196 OF INDIAN MOTOR VEHICLE ACT AND ACQUIT THE PETITIONER FOR THE ALLEGED OFFENCES.

THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORAL ORDER

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

Heard Sri.Prakash N.Hosamane, learned counsel for the petitioner and Sri.Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent-

State.

2. Revision petitioner is the accused who suffered an order of conviction in CC No.183/2011 confirmed in Crl.A.No.3/2012 for the offence punishable under Section 279, 337, 304A IPC and Section 187(3) r/w Section 146 R/w Section 196 Of MV Act and sentenced as under:

“Acting U/Sec.255(2) of Cr.P.C. I hereby convict an accused for the offences punishable U/Sec. 279, 337 and 304(A) of Indian Penal Code and Sec. 187, 3 R/W Sec. 181 and Sec.146 R/w Sec. 196 of M.V.Act in the following terms:

(a) For the offence punishable U/Sec.279 of Indian Penal Code, an accused shall undergo simple imprisonment for three months and he shall liable to pay fine of Rs.1,000/- (One thousand only) and in default of payment of fine, he shall undergo simple imprisonment for one month.

(b) For the offence punishable U/Sec.337 of Indian Penal Code, an accused shall undergo simple imprisonment for three months and he shall liable to pay fine of Rs.500/-(Five Hundred only) and in default of payment of fine, he shall undergo simple imprisonment for one month.

(c) For the offence punishable U/Sec.304(A) of Indian Penal Code, an accused shall undergo simple imprisonment for eighteen months and he shall liable to pay fine of Rs.3,000/- (Three Thousand only) and in default of payment of fine, he shall undergo simple imprisonment for one month.

(d) For the offence punishable U/Sec.187 of Indian Motor Vehicle Act, an accused shall undergo simple imprisonment for fifteen CC No 183/2 days and he shall liable to pay fine of Rs.500/- (Five Hundred only) and in default of payment of fine, he shall undergo simple imprisonment for fifteen days.

(e) For the offence punishable U/Sec.3 R/w Sec. 181 of Indian Motor Vehicle Act, an accused shall undergo simple imprisonment for one month and he shall liable to pay fine of Rs.500/- (Five Hundred only) and in default of payment of fine, he shall undergo simple imprisonment for fifteen days.

(f) For the offence punishable U/Sec.146 r/w Sec. 196 of Indian Motor Vehicle Act, an accused shall undergo simple imprisonment for one month and he shall liable to pay fine of Rs.1,000/- (One thousand only) and in default of payment of fine, he shall undergo simple imprisonment for one month.

As per provision of Sec.357(3) of Cr.P.C. an accused is liable to pay the compensation amount of Rs.50,000/-each to the family of deceased Hanamanth Timmanna Hosamani and Rajappa Yankappa Bandiwaddar.

All sentences shall run