Karnataka High Court
Sanjeevkumar S/O Nagshetty Majage vs The State Of Karnataka on 5 August, 2025
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NC: 2025:KHC-K:4445
CRL.RP No. 200046 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL REVISION PETITION NO.200046 OF 2023
(397(Cr.PC)/438(BNSS))
BETWEEN:
SRI SANJEEVKUMAR
S/O NAGSHETTY MAJAGE,
AGED ABOUT 32 YEARS,
OCC: AGRICULTURIST AND DRIVER,
R/O. MAROOR VILLAGE,
TQ. BHALKI, DIST.BIDAR.
...PETITIONER
(BY SRI S. S. MAMADAPUR, ADVOCATE)
AND:
Digitally signed by THE STATE OF KARNATAKA,
RAMESH
MATHAPATI THROUGH POLICE STATION, HOUSE TRAFFIC,
Location: HIGH HUMNABAD, REP. BY ITS
COURT OF ADDL. STATE PUBLIC PROSECUTOR,
KARNATAKA
ADVOCATE GENERAL'S OFFICE,
HIGH COURT BUILDING, KALABURAGI.
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397
R/W SEC. 401 OF CR.P.C PRAYING TO SET ASIDE THE
JUDGMENT DATED 14.11.2022 PASSED BY THE HON'BLE
II ADDL. DISTRICT AND SESSIONS JUDGE, BIDAR SITTING AT
BASAVAKALYAN IN CRIMINAL APPEAL NO.5001/2022 AS WELL
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NC: 2025:KHC-K:4445
CRL.RP No. 200046 of 2023
HC-KAR
AS THE JUDGMENT DATED 27.12.2021 PASSED BY THE
HON'BLE SENIOR CIVIL JUDGE AND JMFC, HUMNABAD IN
CC NO.116/2020.
THIS PETITION COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
(PER: HON'BLE MRS JUSTICE M G UMA) Accused No.1 in C.C.No.116/2020, on the file of the learned Senior Civil Judge and JMFC, Humnabad (for short 'Trial Court), is impugning the judgment of conviction and order of sentence dated 27.12.2021, convicting him for the offences punishable under Sections 279, 337 and 304A of the Indian Penal Code, 1860 (for short 'IPC') and under Section 187 of Motor Vehicles Act (for short 'M.V.Act') and sentencing to undergo simple imprisonment for a period of one year for the offence punishable under Section 304A of IPC; to pay fine of Rs.500/- for the offence punishable under Section 337 of IPC; to pay fine of Rs.1,000/- for the offence punishable under Section 279 of IPC; to pay fine of Rs.500/- for the offence punishable under Section 187 -3- NC: 2025:KHC-K:4445 CRL.RP No. 200046 of 2023 HC-KAR of the M.V.Act, with default sentences, which was confirmed in Criminal Appeal No.5001/2022, on the file of learned II Additional District and Sessions Judge, Bidar, sitting at Basavakalyan (for short 'First Appellate Court'), vide judgment dated 14.11.2022. However, it has modified the order of sentence for the offence punishable under Section 304A of IPC and sentenced the appellant/accused No.1 to undergo simple imprisonment for a period of five months.
2. Heard Sri S.S.Mamadapur, learned counsel for the revision petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent
- State. Perused the materials on record, including the Trial Court and First Appellate Court records.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
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NC: 2025:KHC-K:4445 CRL.RP No. 200046 of 2023 HC-KAR "Whether the impugned order is liable to be set aside invoking the power under Section 397 read with Section 401 of Cr.P.C.?
My answer to the above point is 'partly in the affirmative' for the following:
REASONS
4. Even though the revision petitioner has raised several grounds in the revision petition for impugning the judgment of conviction and order of sentence passed by the Trial Court and the First Appellate Court, learned counsel for the revision petitioner has restricted his arguments seeking leniency while sentencing the petitioner for the offence punishable under Section 304A of IPC. Learned counsel submits that he is not challenging the judgment of conviction of the petitioner on any ground. He further submits that since the revision petitioner is the driver, leniency may be show in his favour in sentencing him under Section 304A of IPC by setting aside the substantive sentence. Learned counsel also -5- NC: 2025:KHC-K:4445 CRL.RP No. 200046 of 2023 HC-KAR submits that if the Court finds it necessary, the fine amount may be enhanced for the offence punishable under Section 304A of IPC, which would meet the ends of justice.
5. Learned High Court Government Pleader opposes the submission made by the learned counsel for the petitioner and submits that the Trial Court has shown leniency to the petitioner while imposing the sentence. The First Appellate Court has reduced the sentence to five months for the offence punishable under Section 304A of IPC. The accident is caused by the revision petitioner, which has resulted in two deaths and therefore, it is not a fit case for showing leniency. However, taking into consideration the avocation of the revision petitioner, learned High Court Government Pleader submits that discretion may be exercised by passing appropriate orders.
6. On perusal of the materials on record, the Trial Court and the First Appellate Court found that the accused was rash and negligent in driving the vehicle and caused -6- NC: 2025:KHC-K:4445 CRL.RP No. 200046 of 2023 HC-KAR the accident, which has resulted in two deaths, who were proceeding on the motorcycle. The Trial Court sentenced the revision petitioner as stated above. The First Appellate Court in Criminal Appeal No.5001/2022 while confirming the sentence for the offences punishable under Sections 379 and 337 of IPC and under Section 187 of the M.V.Act, modified the sentence for the offence punishable under Section 304A of IPC, directing him to undergo simple imprisonment for a period of five months instead of one year.
7. Considering the submission made by the learned counsel for the petitioner that the revision petitioner is a poor driver, maintaining his family and that he is not having any criminal antecedents till date, I am of the opinion that further leniency may be shown in sentencing him by modifying the order for the offence punishable under Section 304A of IPC. Accordingly, I answer the above point partly in the affirmative and proceed to pass the following:
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NC: 2025:KHC-K:4445 CRL.RP No. 200046 of 2023 HC-KAR ORDER
(i) The Revision Petition is allowed in part.
(ii) The impugned judgment of conviction dated 27.12.2021 passed in C.C.No.116/2020 by the learned Senior Civil Judge and JMFC, Humnabad, which is confirmed by the learned II Additional District and Sessions Judge, Bidar, sitting at Basavakalyan, in Criminal Appeal No.5001/2022 by judgment dated 14.11.2022, convicting the revision petitioner/accused for the offence punishable under Sections 279 and 337 of IPC and Section 187 of M.V.Act, is hereby confirmed.
(iii) The order of sentence for the offence under Section 304A of IPC passed by the First Appellate Court is modified as under:
(a) The revision petitioner/accused No.1 is sentenced to undergo simple imprisonment for a period of two -8- NC: 2025:KHC-K:4445 CRL.RP No. 200046 of 2023 HC-KAR months and to pay a fine of Rs.50,000/- for the offence punishable under Section 304A of IPC and in default of payment of fine, he shall undergo simple imprisonment for a period of one month.
(b) The petitioner is entitled for set off as provided under Section 428 of Cr.P.C.
(c) Registry is directed to send back the Trial Court records for information and for necessary action i.e., for issuance of conviction warrant, if not already issued.
Sd/-
(M G UMA) JUDGE SRT List No.: 1 Sl No.: 37 CT:PK