IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 21^ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION No.100220 OF 2020 (397(CR.PC)/438(BNSS))

BETWEEN:

SANTOSH S/O TIPPA HALLIR AGE. 30 YEARS, OCC. DRIVER, R/O. MUDKANI, HONNAVAR TALUK, DIST. UTTAR KANNADA-581334.

…PETITIONER (BY SRI. LINGESH V. KATTEMANE, ADVOCATE)

AND:

THE STATE BY THE SUB INSPECTOR OF POLICE, SIDDAPUR, BY ITS REPRESENTATIVE ADDL. SPP.

HIGH COURT OF KARNATAKA, DHARWAD 580011.

…RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION

397 R/W 401 OF CR.P.C., PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 21/10/2020 PASSED BY THE COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE, U.K. KARWAR SITTING AT DCLKAA Hig XT Ait MT Na I l AM Dy NR A sA N igS I nHeEdK bAyR SIRSI IN CRL. APPEAL NO.5014/2016 BY CONFIRMING THE ORDER OF LCD ooh cua arr ttw i ooa nfd :K B Haerig nnh cahtaka, CONVICTION PASSED BY THE JUDICIAL MAGISTRATE FIRST CLASS AT SIDDAPUR DATED 02/03/2016 IN C.C.NO.392/2013 FOR THE OFFENCES PUNISHABLE U/S 279, 337, 338 AND 304-A IPC AND BY CONFIRMING THE ORDER OF SENTENCE AND FINE FOR PUNISHABLE UNDER SECTION 337, 338 OF IPC AND MODIFIED THE ORDER SENTENCE BY REDUCING TO 8 MONTHS IN RESPECT OF SECTION 304A OF IPC AND ACQUIT THE PETITIONER FOR THE OFFENCES PUNISHABLE U/S 337, 338, 304A OF IPC BY ALLOWING THE REVISION PETITION IN THE INTEREST OF JUSTICE AND EQUITY.

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

ORAL ORDER

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

Heard Sri Lingesh V. Kattemane, learned counsel for the revision petitioner and Sri Jairam Siddi, learned High Court Government Pleader.

2. Accused who suffered an order of conviction in C.C No.392/2013 is the revision petitioner challenging the order of conviction for the offence punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code confirmed in Criminal Appeal No.5014/2016.

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

A complaint came to be lodged with Siddapura Police Station by Sri G.S.Raghavendra Rao, who was inmate of a Maruthi Eeco car bearing certificate of registration No.KA05/MM- 62 intimating the police that on 06.02.2013 at about 03.45 pm in the Mavingundi-Honnavar road nearby C.D.Bridge of Hejani Siddapur Taluk, accused being the driver of the goods vehicle bearing certificate of registration No.KA-47/2062 drove in a rash and negligent manner and dashed against the Maruthi car stated supra resulting in road traffic accident whereby inmates of the car sustained injuries. Sri Sampathkumar, one of the inmates, died because of the accidental injuries sustained by him.

4. The police, after receipt of the complaint registered the case for the offences under Sections 279, 337, 338 and 304A of the Indian Penal Code, investigated the matter and filed the charge sheet.

5. After receipt of the charge sheet, trial magistrate took cognizance, secured the presence of the accused recorded plea wherein accused pleaded not guilty.

6. Therefore, trial was held in order to bring home the guilt of the accused. Prosecution examined eight witnesses comprising of complainant, panch witnesses, injured witnesses and investigation agency as PWs-1 to 8 and placed on record eleven documents which are exhibited and marked as Exs. P-1 to P-11 comprising of complaint, spot mahzar, rough sketch of the place of incident, IMA report, inquest mahzar, postmortem report, wound certificate and FIR.

7. On conclusion of recording of evidence, learned Trial Judge recorded the accused statement as is contemplated under Section 313 of the Code of Criminal Procedure wherein accused has denied all the incriminatory circumstances and did not choose to offer any explanation whatsoever to the incident nor placed any defence evidence.

8. Thereafter, learned Trial Judge heard the arguments of the parties and by consi