Karnataka High Court
Mr. Shoukath Pasha vs State By Ramanagara on 17 March, 2026
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2026:KHC:15853
CRL.RP No. 1161 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO.1161 OF 2017
BETWEEN:
MR. SHOUKATH PASHA
AGED ABOUT 59 YEARS,
S/O LATE ABDUL BASHIR,
R/AT GHOUSIANAGAR,
RAMANAGAR TOWN,
RAMANAGARA DISTRICT.
...PETITIONER
(BY SRI SHRAVAN S LOKRE, ADVOCATE)
AND:
STATE BY RAMANAGARA TOWN POLICE,
RAMANAGARA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
AMBEDKAR VEEDHI,
BANGALORE-560 001.
Digitally
signed by R ...RESPONDENT
MANJUNATHA (BY SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT
Location: PLEADER)
HIGH COURT
OF THIS CRIMINAL REVISION PETITION IS FILED UNDER
KARNATAKA
SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE
PRAYING TO SET ASIDE THE JUDGMENT PASSED BY THE
PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, RAMANAGARA IN C.C.No.171/2009 DATED
06.03.2012 AGAINST THE PETITIONER AND ALSO THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, RAMANAGARA IN CRL.A.No.13/2012 DATED
21.08.2017 AND FURTHER BE PLEASED TO ACQUIT THE
PETITIONER IN THE ABOVE CASE BY ALLOWING THE ABOVE
PETITION.
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NC: 2026:KHC:15853
CRL.RP No. 1161 of 2017
HC-KAR
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri Shravan S. Lokre, learned counsel for the revision petitioner and Sri K. Nageshwarappa, learned High Court Government Pleader for the respondent/State.
2. At the outset, Sri Shravan S. Lokre, learned counsel for the revision petitioner would submit that the unfortunate incident has occurred which was beyond the human control and some amount of negligence is also attributable to the deceased himself.
3. Dependents of the deceased - Ravi namely, parents and daughter present before the court.
4. An alternate prayer is made in respect of the imprisonment of six months for the offence under Section 304A of Indian Penal Code and one month simple imprisonment for the offence under Section 338 of Indian Penal Code, by volunteering to pay sum more Rs.5,00,000/- to the dependants of deceased - Ravi and sought for setting aside the -3- NC: 2026:KHC:15853 CRL.RP No. 1161 of 2017 HC-KAR imprisonment for the offence under Section 304A of Indian Penal Code. Same is accepted by dependents of deceased.
5. Insofar as the simple imprisonment for one month for the offence under Section 338 of Indian Penal Code is concerned, the petitioner if directed to pay Rs.25,000/- as the compensation to the injured - Srinivas who is examined as PW2, ends of justice would be met.
6. Accordingly, the following:
ORDER
(i) Revision petition is allowed in part,
(ii) While maintaining the conviction of the offence punishable under Section 338 and 304A of Indian Penal Code, sentence of imprisonment ordered for the offence under Section 304A of Indian Penal Code is set aside on payment of Rs.5,00,000/- to the dependents of deceased -
Ravi namely, parents and daughter who were present before the court.
(iii) Likewise, sentence of imprisonment of one month for the offence under Section 338 is set -4- NC: 2026:KHC:15853 CRL.RP No. 1161 of 2017 HC-KAR aside by directing the petitioner to deposit sum more Rs.25,000/- on or before 15.04.2026 as compensation before the jurisdictional Magistrate.
(iv) Failure to pay the enhanced amount of Rs.25,000/- on or before 15.04.2026, petitioner shall undergo simple imprisonment for the period of one month for the offence under Section 338 of Indian Penal Code as ordered by learned Trial Magistrate, confirmed by the First Appellate Court,
(v) Office is directed to return the Trial Court records with copy of this order forthwith for issue of modified conviction warrant. Sum of Rs.5,00,000/- is paid in cash to the parents and daughter of deceased Ravi. Same is acknowledged in the order sheet.
Sd/-
(V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 61