IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL REVISION PETITION No.763/2012

BETWEEN:

SRI KRISHNA NAIKA

S/O THYAVARANAIKA

AGED ABOUT 32 YEARS

OCCUPATION:DRIVER

RESIDING AT GANTYAPURA

VILLAGE, HONNALI TALUK

DAVANAGERE DISTRICT – 577 217.

...PETITIONER

(BY SRI N SRINIVAS, ADVOCATE – THROUGH V.C.)

AND:

STATE OF KARNATAKA BY

RURAL POLICE STATION

SHIMOGA – 577 202.

...RESPONDENT

(BY SMT.RASHMI JADHAV, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 AND 401 CR.P.C. PRAYING TO SET

ASIDE THE ORDER OF CONVICTION AND SENTENCE

PASSED AGAINST THE PETITIONER BY THE COURT OF THE

JMFC-II, SHIMOGA IN C.C.No.8302/2007, VIDE ITS

ORDER DATED:2.9.2010/25-1-2012 AND ALSO SET ASIDE

THE ORDER DATED:25.4.2012 PASSED BY THE S.J., I.-

FTC, SHIMOGA IN CRL.A.No.46/2012.

2

THIS CRIMINAL REVISION PETITION COMING ON

FOR HEARING THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

This revision petition is directed against the

judgment and order dated 25-04-2012 passed in

Crl.A.No.46/2012 by the learned Sessions Judge, I

Fast Track Court at Shimoga, wherein, the appeal

came to be dismissed and the judgment of conviction

and order of sentence passed by the learned trial

judge in CC No.8302/2007 dated 25/01/2012 came to

be confirmed.

2.

In order to avoid wastage of judicial time,

the details of accident is extracted from the judgment

of the appellant court in Crl.A.No.46/2012 as under:

“that on 11-5-2007 at about 6-30 a.m. in

Holehatti village on Shimoga Honnali road near

the bus stop when Siddappa was going

towards his land, the accused driving the milk

tempo trax KA-17-A-4753 in a rash and

negligent manner endangering human life and

personal safety of others dashed against

3

Siddappa causing grievous injuries to him

resulting his death on the spot and amount to

culpable homicide and thereby committed the

offences alleged.”

3.

On the basis of the complaint filed by

Suresha

case

was

registered

in

Rural

PS

in

Cr.No.196/2007 and FIR was sent to the court. After

completion of the investigation, chargesheet was filed

against the accused for the offence punishable under

Section 279 and 304-A IPC.

4. The trial judge took cognizance of the

offences, issued summons to the accused, accused

appeared before the trial court through his counsel

and he was released on bail. Thereafter, copies of the

charge sheet were furnished to the accused,

accusation was read over to him, he pleaded not

guilty and claims to be tried.

5.

Before the trial court, the prosecution in

support of its case has examined six witnesses as PWs

4

1 to 6, got marked 9 documents as Exs.P1 to P9.

Thereafter, statement of accused U/S 313 Cr.P.C. was

recorded,

accused

denied

the

incriminating

circumstances in the prosecution evidence. However,

he has not produced any defence evidence.

6.

Earlier, upon conclusion of the trial,

learned trial judge convicted the accused for the

offences punishable under Section 279 and 304A IPC

and sentenced him to undergo RI for a period of 2

years and to pay a fine of Rs.5,000/- for the offence

punishable Under Section 304A IPC in default, to

undergo further RI for a period of 3 months. It is

further ordered that the offence punishable under

Section 279 of IPC being a lesser offence no separate

sentence is imposed on the accused.

7. Being aggrieved by the said judgment and

order passed by the learned trial judge, accused

preferred criminal appeal No.19/2010 which came to

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be allowed on 18-2-2011 and matter was remanded

to the trial court. After the remand, the trial court

convicted the accused in CC No. 8302/2007 by its

judgment and order dated 25-1-2012. The same is

challenged by the accused in Crl.A.No.46/2012 and

which came to be dismissed. Be