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NC: 2026:KHC:5059

CRL.RP No. 618 of 2017

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL REVISION PETITION NO. 618 OF 2017

BETWEEN:

MAGESHA

S/O LATE NANJUNDAIAH

AGED ABOUT 30 YEARS

R/AT ULLAMBALLI VILLAGE

MALAVALLI TALUK

MANDYA DISTRICT - 571 430.

…PETITIONER

(BY SRI MOHANKUMAR D, ADV.,)

AND:

THE STATE OF KARNATAKA

BY SRIRANGAPATNA POLICE

REP BY STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU - 560 001.

…RESPONDENT

(BY SRI CHANNAPPA ERAPPA, HCGP)

Digitally

signed by THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO

NANDINI M S

Location: SET ASIDE THE JUDGMENT DATED 22.03.2017 IN

HIGH COURT

OF CRL.A.NO.5027/2015 PASSED BY THE III ADDL. DIST. AND S.J.,

KARNATAKA

MANDYA (SITTING AT SRIRANGAPATNA) WHEREIN CONFIRMED THE

JUDGMENT DATED 19.10.2015 IN C.C.NO.61/2013 PASSED BY THE

PRL. SENIOR CIIVL JUDGE AND JMFC AT SRIRANGAPATNA FOR THE

OFFENCE P/U/S 279,338,304A 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

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CRL.RP No. 618 of 2017

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ORAL ORDER

1. Accused is before this Court in this revision petition filed

under Sections 397 read with 401 of Cr.PC with a prayer to set

aside the judgment and order of conviction and sentence dated

19.10.2015 passed by the Court of Prl. Senior Civil Judge &

JMFC, Srirangapatna, in CC.No.61/2013, and the judgment and

order dated 22.03.2017 passed by the Court of III Addl. District

& Sessions Judge, Mandya (sitting at Srirangapatna), in

Crl.A.No.5027/2015.

2. Heard the learned Counsel for the parties.

3. Petitioner herein was charge-sheeted for the offences

punishable under Sections 279, 338, 304A of IPC in Crime

No.62/2013 registered by Srirangapatna Police Station, Mandya

District, and was tried for the charge-sheeted offences in

CC.No.61/2013 before the Court of Prl. Senior Civil Judge &

JMFC, Srirangapatna.

4. It is the case of the prosecution that on 10.02.2013 at

about 10.30 a.m., petitioner who was the driver of Tata Sumo

vehicle bearing registration KA-28-MB-8888, had driven the

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CRL.RP No. 618 of 2017

HC-KAR

said vehicle in a rash and negligent manner and had lost

control of the said vehicle and dashed against the road divider

and thereafter had dashed against the hind portion of the bus

bearing registration No.KA-42-F-205. In the said accident, four

passengers who were the inmates of Tata Sumo vehicle had

died. In addition to the same, the other inmates of Tata Sumo

vehicle had suffered injuries. It is under these circumstances,

based on the complaint of the driver of KSRTC bus bearing

registration No.KA-42-F-205 viz., Veeranna (PW-1), FIR in

Crime No.62/2013 for the aforesaid offences against the

petitioner by Srirangapatna Police Station, Mandya District, and

after completing investigation, charge sheet was filed against

him for the aforesaid offences.

5. The petitioner who had received summons from the Trial

Court in CC.No.61/2013 had appeared before the Court and

claimed to be tried for the charge-sheeted offences. The

prosecution in order to prove its charges against the petitioner

had in all examined 15 charge-sheet witnesses as PW-1 to PW-

15 and had got marked 28 documents as Exs.P-1 to P-28.

Thereafter, the statement of the petitioner was recorded by the

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HC-KAR

Trial Court under Section 313 of Cr.PC. However, on behalf of

the defence, no oral or documentary evidence was placed on

record.

6. The Trial Court after hearing the arguments on both

sides, vide the judgment and order dated 19.10.2015 convicted

and sentenced the petitioner for the charge-sheeted offence in

CC.No.61/2013 and the said judgment and order of conviction

and sentence was confirmed in Crl.A.No.5027/2015 by the

Court of III Addl. District & Sessions Judge, Mandya (sitting at

Srirangapatna) by judgment and order dated 22.03.2017. It is

under these circumstances, petit