SATTAR BAIG v. STATE OF KARNATAKA

(BY SRI. SATEESHCHANDRA K.V., ADVOCATE) AND:

1. STATE OF KARNATAKA BY SHIVAMOGGA TRAFFIC POLICE STATION BY HIGH COURT OF KARNATAKA SPP BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE PASSED BY THE LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA IN C.C.NO.3215/2013, DATED 30.10.2018 SHARADAVANI B Location: High Court of Karnataka - 2 - NC: 2026:KHC:10529 CRL.RP No. 940 of 2019 HC-KAR AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 304(A) OF IPC AND SAME IS CONFIRMED DATED 08.07.2019 IN CRL.A.NO.126/2018 BY THE III ADDITIONAL SESSION JUDGE AT SHIVAMOGGA. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused is before this Court in this criminal revision petition filed under Section 397 and 401 of Code of Criminal Procedure with a prayer to set aside the judgment and order of conviction and sentence passed in CC No.3215/2013 dated 30.10.2018 by the Court of III Addl. Civil Judge & JMFC., at Shivamogga and the judgment and order passed in Crl. Appeal No.126/2018 dated 08.07.2019 by the Court of III Addl. Sessions Judge, at Shivamogga.

2. Heard the learned counsel for the parties. - 3 - NC: 2026:KHC:10529 CRL.RP No. 940 of 2019 HC-KAR

3. Petitioner herein was charge sheeted offences punishable under Section 279, 304(A) of IPC and Section 187 of Indian Motor Vehicles Act and was tried for the said offences by the jurisdictional Court of Magistrate at Shivamogga in Criminal Case No.3215/2013. The trial Court by judgment and order dated 30.10.2018 convicted the petitioner for the charge sheeted offences and for the offence punishable under Section 304(A) of IPC, he was sentenced to undergo simple imprisonment for a period of one year and pay a fine of Rs.10,000/- and in default, to undergo simple imprisonment for further period of three months. No separate order of sentence was passed for the other offences. The said judgment and order of conviction and sentence passed against the petitioner was confirmed by the Court of III Addl. Sessions Judge, at Shivamogga in Crl.Appeal No.126/2018 by judgment and order dated

08.07.2019. It is under these circumstances, petitioner is before this Court. - 4 - NC: 2026:KHC:10529 CRL.RP No. 940 of 2019 HC-KAR

4. Learned counsel for the petitioner submits that dispute between the parties has been amicably settled and the daughter of the deceased, namely, Ramyashree, has filed affidavit before this Court, reporting settlement. He submits that petitioner has paid a sum of Rs.1,50,000/- (Rupees One lakh Fifty thousand only) to the legal representative deceased Kumar Bhaskar compensation. He submits that petitioner is a married man having children. He was in custody during trial for a period of about 20 days. He submits that the incident is of the year 2013 and at this juncture, if the petitioner is sent to jail, he and his family members will be put to hardship. He submits that in view of the settlement between the parties, the order of sentence passed by him may be modified.

5. The Hon'ble Supreme Court in the case of Manish Jalan v. State of Karnataka reported in (2008) 8 SCC 225, wherein the accused was convicted and sentenced for offence punishable under Section 279 and - 5 - NC: 2026:KHC:10529 CRL.RP No. 940 of 2019 HC-KAR 304(A) of IPC. In paragraph number 15 and 16 has observed as follows: "15.True that in the instant case the appellant has been to be guilty of offences punishable under Sections 279 and 304A, IPC for driving rashly and negligently on a public street and his act unfortunately resulted in the loss of a precious human life. But it is pertinent to note that there was no allegation against the appellant that at the time of accident, he was under the influence of liquor or any other substance impairing his driving skills. It was a rash and negligent act simplicitor and not a case of driving in an inebriated condition which is, undoubtedly offence despicable warranting stricter and harsher punishment. aggravated

16.Having regard to all these facts and bearing in mind the fact that the mother of the victim has no grievance against the appellant and has prayed for some compensation, we are of the view that a lenient view can be taken in the matter and the sentence of imprisonment can be reduced. We are of the opinion that the ends of justice would be met if the sentence of imprisonment is reduced to the period already undergone but in addition thereto, the appellant should be directed to pay an amount of Rs.1,00,000/- to the mother of the deceased by way of compensation. Learned counsel for the appellant, in fact, indicated that his client was willing to pay that much amount. We order accordingly."

5. In the present case, Ramyashree daughter of deceased Kumar Bhaskar, has appeared before the Court - 6 - NC: 2026:KHC:10529 CRL.RP No. 940 of 2019 HC-KAR in person and has filed an affidavit dated 19.02.2026 which is taken on record. In paragraph number 2 to 4 of the said affidavit, it is averred as follows:

3. "2. During the pendency of the above Revision Petition with an intervention of elders and well-wishers the parties have amicably settled the dispute. I am the daughter of deceased Kumar Bhaskar and my mother is also no more. Hence I am ready to compromise the move matter and ready to receive Rs.1,50,000/- as compensation. That I have no objection for closed the petition / case against the petitioner. Hence the above petition may be allowed."

6. She has also admitted receipt of Rs.1,50,000/- from the petitioner towards compensation. Under the circumstances, I am of the opinion that this criminal revision petition is required to be disposed of by confirming the judgment and order of conviction passed against the petitioner by the Courts below and modifying the order of substantive sentence of imprisonment passed against him. Accordingly, the following: - 7 - NC: 2026:KHC:10529 CRL.RP No. 940 of 2019 HC-KAR ORDER Criminal Revision petition is partly allowed. The judgment and order of conviction passed against the petitioner for offences punishable under Section 279, 304(A) of Indian Penal Code and Section 187 of Indian Motor Vehicle Act by the Courts below, is confirmed. The substantive sentence of imprisonment passed against the petitioner is reduced to the period already undergone by him and the order of sentence imposing fine is confirmed. Sd/- (S VISHWAJITH SHETTY) JUDGE PSJ List No.: 1 Sl No.: 41