IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO.612 OF 2017 BETWEEN:

SRI. M MAHESH S/O LATE SRI MUNIKRISHNAPPA, AGED ABOUT 24 YEARS, R/A No.6, RUKKAMMA BUILDING, 7^TH ‘A’ MAIN ROAD, SINGASANDRA, HOSUR MAIN ROAD BANGALORE - 560 068.

…PETITIONER (BY SRI G S VENKAT SUBBA RAO, ADVOCATE)

AND:

STATE BY MADIWALA TRAFFIC POLICE, MADIVALA, BENGALURU.

…RESPONDENT (BY SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER)

Digitally signed by R MANJUNATHA THIS CRIMINAL REVISION PETITION IS FILED UNDER Location: HIGH SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE COURT OF KARNATAKA PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND SENTENCE DATED 28.03.2017 PASSED BY THE LXV ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.No.1197/2016 CONFIRMING THE JUDGMENT AND SENTENCE DATED 21.09.2016 PASSED BY THE COURT OF MMTC-VI, BENGALURU IN C.C.No.664/2015 AND CONSEQUENTLY ACQUIT THE PETITIONER.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri G.S. Venkat Subba Rao, learned counsel for the revision petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for the respondent/State.

2. Accused who has suffered an order of conviction in C.C.No.664/2015 and sentenced as under which was confirmed in Criminal Appeal No.1197/2016 is the revision petitioner:

“Acting U/s 255 (2) of Cr.P.C. accused is convicted for the offences punishable U/s 279 and 304(A) of IPC and 134(b) r/w 187, 119 r/w 177 of IMV Act.

The accused is sentenced for the offence U/s

279 of IPC, to pay fine of Rs.1,000/- in default, to undergo simple imprisonment for one month.

The accused is also sentenced for the offence U/s 304 (A) of IPC, to undergo S.I. for a period of one year and pay fine of Rs.5,000/- (Rs.Five Thousand only) and in default to pay the fine, to undergo simple imprisonment for further period of one month.

The accused is sentenced for the offences punishable U/s.134 (B) r/w 187 of IMV Act to pay fine of Rs.1,000/-in default to pay the fine, to undergo simple imprisonment for a period of 30 days.

The accused is also sentenced for the offence U/s 119 of IMV Act, to undergo S.I. for a period of one month and pay fine of Rs.100/- (Rs.One Hundred only) and in default to pay the fine, to undergo simple imprisonment for further period of two days.

The bail bond executed by the accused shall stand cancelled.”

3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under:

3.1. In respect of a road traffic accident that occurred on

20.12.2014 at about 10.30 p.m. within the jurisdiction of Madiwala Police Station, accused being the driver of a private bus bearing registration No.K.A.05/AD-1989, drove the same in a rash and negligent manner near the Silk Board Junction by jumping the traffic signal from Marathalli towards BTM layout, dashed against the motorcycle bearing registration No.K.A.05/HZ-0941, whereby rider of the motorcycle by name G.S. Ajish, aged about 28 years fell down on the road and as a result of the same, hind wheel of the bus ran over his head and he succumbed to the injuries on the spot.

3.2. However, the driver of the bus did not stop the bus and went further and near the Rupena Agrahara Aspad Hospital dashed to a car bearing registration No.K.A.05/MP-4361 which was parked near the Aspad Hospital and damaged the said car and without even informing the police fled away from the spot.

4. Police after thorough investigation filed the charge sheet against the accused for the offence under Section 279, 304A of Indian Penal Code and Section 134 (b) r/w Section

187, 119 r/w Section 177 of Indian Motor Vehicles Act.

5. Learned Trial Magistrate after securing the records, recorded the plea. Accused pleaded not guilty therefore trial was held.

6. In order to bring home the guilt of the accused, prosecution proceeded to examine eleven witne