IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 708 OF 2015 BETWEEN:

MANOJ KUMAR AGED ABOUT 28 YEARS SON OF MR YOGINDRA MAHATA RESIDENT AT JORAMANDIR MEHIDIBAGAN, BURDWAN WEST BENGAL - 713 101.

…PETITIONER (BY SRI RAKSHITH PAI, ADV., FOR M.V. SUNDAR RAMAN, ADV.)

AND:

STATE BY KAUP POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE - 560 001.

…RESPONDENT Digitally signed by NANDINI M (BY SRI RAJATH SUBRAMANYAN, HCGP)

S THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO Location: H IGH COURT OF SET ASIDE THE JUDGMENT DATED 25.3.2015 PASSED BY THE PRL.

KARNATAKA SESSIONS JUDGE, UDUPI DIST., UDUPI IN CRL.A. NO.110/2013 AND CONSEQUENTLY THE JUDGMENT DATED 16.11.2013 PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC, UDUPI IN C.C.NO.937/2012 AND CONSEQUENTLY ACQUITTING THE PETR. FROM THE OFFENCES P/U/S

279,338 AND 304-A OF IPC.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused is before this Court in this revision petition filed under Section 397 R/w Section 401 of Cr.P.C, with a prayer to set aside the judgment and order of conviction and sentence passed in C.C.No.937 of 2012 by the Court of II Addl. Civil Judge & JMFC, Udupi dated 16.11.2013 and the judgment and order passed by the Court of Principal District & Session Judge, Udupi in Criminal Appeal No.110 of 2013 dated

25.03.2015.

2. Heard the learned counsel appearing for the parties. 3. It is the case of the prosecution that CW18-

Chaluvaraju, who was the Circle Inspector of Police, had laid a charge sheet against petitioner herein Crime No.16 of 2012 for offences punishable under Sections 279, 338 and 304(A) of IPC. Allegation against the petitioner is that on 28.01.2012, he had driven the Tipper Lorry bearing registration No.KA-20-B- 8990 from Udupi towards Mangaluru on National Highway-66, in a rash and negligent manner and at about 06.10 a.m. when he reached near Udyavara village, Udupi Taluk, after trying to overtake another vehicle, he went to the extreme right side of the road and dashed against Indica car bearing registration No.KA-41-4244, which was coming from the opposite side and went further and which got turtled. In the said accident, PW1- Krishna Acharya, PW4-Shyamala and PW5-Wasim Basha, who was the driver of the car sustained injuries and another inmate namely Murali, who also had sustained injuries succumbed to the same and subsequently died in the hospital on

30.01.2012

4. Petitioner in response to the summons received by him from the Trial Court in C.C.No.937 of 2012 had claimed to be tried. The prosecution in order to prove its charges against the petitioner had in all examined ten charge sheet witnesses as PW1 to PW10 and got marked 19 documents as Ex.P1 to Ex.P19. On behalf of the defence, petitioner was examined as DW1. However, no documents were marked on his behalf. The Trial Court after hearing the arguments addressed on both sides, by judgment and order dated 16.11.2013, convicted and sentenced the petitioner in C.C.No.937 of 2012 for offences punishable under Section 279, 338 and 304A of IPC. For the offence punishable under Section 338 of IPC, petitioner was sentenced to undergo simple imprisonment for a period of 6 months and pay fine of ₹.900/- and for the offence punishable under Section 304A of IPC petitioner was sentenced to undergo simple imprisonment for a period of 1 year and pay fine of ₹.3,000/- and in default to undergo simple imprisonment for a period of 3 months. For the offence punishable under Section 279, no separate sentence was passed. The sentences were ordered to run concurrently. The said judgment and order of conviction and sentence passed by the Trial Court in C.C.No.937 of 2012 was confirmed by the Appellate Court in Criminal Appeal No.110 of 2013 by judgment and order d