GURUMURTHY v. THE STATE OF KARNATAKA

(BY SMT. WAHEEDA M M, HCGP.) THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 05.02.2018 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT KADUR IN C.C.NO.746/2014 AND THE JUDGMENT AND ORDER Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:51184 CRL.RP No. 1311 of 2019 DATED 10.10.2019 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU IN CRL.A.NO.32/2018 CONVICTED FOR THE OFFENCE P/U/S.279 AND 304-A OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL ORDER

1. Heard Sri.Umesh.P.B, learned counsel Sri Ravindra B. Deshpande, for the revision petitioner and learned High Court Government Pleader for respondent- State.

2. The present revision petition is filed by accused challenging the order of conviction and sentence passed in C.C.No.746/2014 dated 05.02.2018 on the file of the Principal Civil Judge and JMFC, Kadur for the offences punishable under Sections 279 and 304A of IPC, which was confirmed in Criminal Appeal No.32/2018 dated

10.10.2019 on the file of II Additional District and Sessions Judge, Chikkamagaluru, whereby the accused was ordered to undergo simple imprisonment for a period of six months and to pay fine in a sum of Rs.1,000/- for - 3 - NC: 2024:KHC:51184 CRL.RP No. 1311 of 2019 the offence punishable under Section 279 of IPC and ordered to undergo simple imprisonment for a period of one year and to pay fine in a sum of Rs.3,000/- for the offence punishable under Section 304(A) of IPC.

3. Having heard the parties, this Court perused the records. On such perusal, it is found that in respect of road traffic accident that occurred on 09.03.2014, accused being the rider of the motorcycle bearing Registration No.KA-18/U-8353 ridden the same in a rash and negligent manner, near Anchechomanahalli Village, near Baba Estate in National Highway No.206 at around 10.00 p.m. and dashed against the Banyan tree. In the accident, pillion rider, Mallikarjuna sustained injury to his head and lost his life. Police registered case and after thorough investigation, filed charge sheet.

4. After filing the charge sheet, accused stood trial. Prosecution was able to establish the rash and negligent riding of the motorcycle by the accused and which - 4 - NC: 2024:KHC:51184 CRL.RP No. 1311 of 2019 ultimately resulted in death of the pillion rider namely, Mallikarjuna.

5. Absolutely no explanation was offered by the accused for the incident that occurred on the fateful day at the time of recording the accused statement.

6. Noting the same, the Trial Magistrate convicted the accused for the offences as aforesaid.

7. Being aggrieved by the same, the accused filed an appeal before the District Court, Chikkamagaluru in Crl.A.No.32/2018.

8. Learned judge in the First Appellate Court after securing the records, heard the parties in detail and partly allowed the appeal and set aside the imprisonment for the offence punishable under Section 279 of IPC and confirmed the sentence of one year imprisonment for the offence under Section 304(A) of IPC.

9. Being further aggrieved by the same, the accused is before this Court in this revision petition. - 5 - NC: 2024:KHC:51184 CRL.RP No. 1311 of 2019

10. Reiterating the grounds urged in the revision petition, Sri.Umesh, learned counsel for the revision petitioner vehemently contended that the incident was beyond the control of the accused and has occurred in the night hours and there was no rashness that could be attributed to the accused, who was the rider of the motorcycle in question and sought for allowing the revision petition.

11. Alternatively, he sought for setting aside the imprisonment for a period of one year by enhancing the fine amount.

12. Per Contra, learned High Court Government Pleader on the contrary reappreciated the impugned judgments.

13. Having heard the parties in detail, this Court perused the material on record meticulously.

14. On such perusal of the material on record, accident is not in dispute. Accused, being the rider of the motorcycle is also not in dispute. - 6 - NC: 2024:KHC:51184 CRL.RP No. 1311 of 2019

15. No doubt a feeble attempt was made while cross- examining the prosecution witnesses that it is an unknown car hit the motorcycle resulting in the accident. But such a suggestion remain suggestion on record without there being any plausible proof placed on record.

16. Therefore, the order of conviction needs to be maintained. More so, when the accused has also suffered injuries in the same accident and failed to report the incident to the Police.

17. However, taking note that the motorcycle belongs to the deceased and they are relatives, while returning in the night hours, the accident has occurred and the accused had also sustained injuries, it cannot be held that the accused was totally negligent in riding the motorcycle as he got injured himself.

18. Taking note of the fact that there is a death of a pillion rider in the incident, ends of justice would be met by setting aside the imprisonment of one year for the - 7 - NC: 2024:KHC:51184 CRL.RP No. 1311 of 2019 offence under Section 304(A) of IPC by enhancing the fine amount in a sum of Rs.75,000/-, which would be payable as compensation to the wife of the deceased would meet the ends of justice.

19. Accordingly, the following: ORDER i. Revision petition is allowed in part. ii. While maintaining the conviction of the accused for the offences punishable under Sections 279 and 304(A) of IPC, the sentence of imprisonment ordered by learned Trial Magistrate confirmed by the First Appellate Court insofar as the offence under Section 304(A) is set aside by directing the accused to undergo simple imprisonment for the day till raising of the Court by enhancing the fine amount in a sum of Rs.75,000/- on or before

31.01.2025. - 8 - NC: 2024:KHC:51184 CRL.RP No. 1311 of 2019 iii. Failure to make the payment of the enhanced fine amount, would result in restoration of the imprisonment ordered by the trial Magistrate confirmed by the First Appellate Court. iv. The enhanced fine amount of Rs.75,000/- is ordered to be paid as compensation to the wife of the deceased. v. Office is directed to return the trial Court records with copy of this order, forthwith. Sd/- (V SRISHANANDA) JUDGE HA List No.: 1 Sl No.: 18