IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 16^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE K. NATARAJAN

CRIMINAL REVISION PETITION NO.2201/2012

BETWEEN:

SRI SHIVANAND S/O. TANAJI SAVANT,

AGED ABOUT 25 YEARS,

R/AT ADIHUDI, TQ-JAMKHANDI,

DIST-BEAGALKOTE.

...PETITIONER

(BY SRI MRUTYUNJAY TATA BANGI, ADVOCATE)

AND:

THE STATE OF KARNATAKA

REPRESENTED BY SUB-INSPECTOR OF POLICE,

SAVALAGI POLICE STATION,

JAMAKHANDI, TALUKA, BAGALKOTE DISTRICT.

…RESPONDENT

(BY SRI RAMESH B. CHIGARI, HCGP)

THIS CRIMINAL REVISION PETITION IS FILED U/S. 397(1) R/W.

SECTION 401 OF CR.P.C. SEEKING TO SET ASIDE THE ORDER

PASSED BY FAST TRACK COURT, JAMAKHANDI IN CRIMINAL APPEAL

NO.69/2011 DATED 28.03.2012 CONFIRMING THE ORDER OF

CONVICTION PASSED BY THE I/C. PRL. CIVIL JUDGE AND JMFC,

JAMAKHANDI, IN C.C.NO.454/2009 DATED 28.07.2011 CONVICTING

THE PETITIONER UNDER SECTION 279 AND 338 OF IPC READ WITH

SECTION 187 OF M.V.ACT AND ACQUIT THE PETITIONER BY

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ALLOWING THE PRESENT PETITIONER IN THE INTEREST OF JUSTICE

AND EQUITY.

THIS PETITION COMING ON FOR FINAL HEARING THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

This revision petition has been filed by the petitioner/accused

under Section 397(1) read with Section 401 of Cr.P.C for setting

aside the judgment of conviction and sentence passed by the I/c.

Prl. Civil Judge and JMFC, Jamakhandi (hereinafter referred to as

‘the trial Court’, for short) in C.C.No.454/2009 dated 28.07.2011

and the same was upheld by the Fast Track Court, Jamakhandi

(hereinafter referred to as ‘the first Appellate Court’, for short), in

Criminal Appeal No.69/2011 dated 28.03.2012 for the offence

punishable under Sections 279 and 338 of IPC read with Section

187 of M.V.Act by sentencing the accused to undergo simple

imprisonment for 3 months with fine of `1,000/- for the offence

punishable under Section 279 of IPC, in default of payment of fine

amount, shall undergo simple imprisonment for a period of ten days

and undergo simple imprisonment for 6 months with fine of

`1,000/- for the offence punishable under Section 338 of IPC, in

default of payment of fine amount, shall undergo simple

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imprisonment for a period of ten days and sentenced to pay fine of

`500/- for the offence punishable under Section 187 of M.V.Act, in

default of payment of fine amount, the accused shall undergo

simple imprisonment for a period of five days.

2. Heard the arguments of learned counsel for the petitioner

as well as learned HCGP for respondent-State. The rankings of the

parties before the trial Court are retained for the purpose of

convenience.

3. The case of the prosecution in brief is that, Savalagi police

filed charge sheet against the accused for the offences punishable

under Sections 279, 337 and 338 of IPC and Section 187 of M.V.

Act. It is alleged in the complaint that on 15.10.2009 at about 5.00

p.m. near Naganur-Adihudi PWD road, near Jamakhandi Sugar

Factory, the accused being the driver of Hero Honda motorcycle

bearing No.KA-48/J-1120 driven in rash and negligent manner so

as to endanger human life and has dashed the father of

complainant (P.W.3-Mallappa), thereby caused injuries and accused

fled away from the spot without intimating the fact of accident to

the nearest police station and not providing any first-aid to the

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victim. The accused was appeared before the Court in pursuance of

the notice. He has pleaded not guilty and claimed to be tried.

4. In order to prove the case, prosecution in all examined 09

witnesses and got marked 16 documents and after recording of

statement of accused under Section 313 Cr.P.C. and on hearing the

arguments, the trial Court found the accused guilty and convicted

and sentenced him as stated supra.

5. Assailing the same, the accused filed appeal before the first

appellate Court in Criminal Appeal No.69/2011, which came to be

dismissed by confirming the Judgment