Karnataka High Court
Sri K Nagaraja vs State Of Karnataka By on 29 April, 2026
Author: V Srishananda
Bench: V Srishananda
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CRL.RP No. 1290 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION No.1290 OF 2018
(397(Cr.PC) / 438(BNSS)
BETWEEN:
SRI K NAGARAJA
S/O KRISHNAPPA
AGED ABOUT 43 YEARS
R/AT THATTANAKUNTE (V)
MULBAGAL TALUK,
KOLAR DISTRICT-563 101.
...PETITIONER
(BY SRI M R NANJUNDA GOWDA, ADVOCATE)
AND:
STATE OF KARNATAKA BY
MULBAGAL POLICE,
KOLAR DISTRICT,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560 001.
...RESPONDENT
Digitally signed (BY SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT
by R
MANJUNATHA PLEADER)
Location: HIGH THIS CRIMINAL REVISION PETITION IS FILED UNDER
COURT OF SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE
KARNATAKA
PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION AND ORDER ON SENTENCE DATED 02.04.2014
PASSED IN C.C.No.134/2009 ON THE FILE OF THE ADDITIONAL
CIVIL JUDGE AND JMFC, MULBAGAL FOR THE OFFENCE
PUNISHABLE UNDER SECTION 279, 337, 338, 304A OF IPC
AND ACQUIT THE PETITIONER FOR THE AFORESAID OFFENCES
AND SET ASIDE THE JUDGMENT AND ORDER DATED
26.09.2018 PASSED IN CRL.A.No.33/2014 ON THE FILE OF THE
I ADDITIONAL SESSIONS JUDGE, KOLAR.
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CRL.RP No. 1290 of 2018
THIS PETITION HAVING BEEN RESERVED FOR ORDERS,
COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT
PRONOUNCED THE FOLLOWING:-
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
CAV ORDER
Heard Sri M.R.Nanjunda Gowda, learned counsel for the
revision petitioner and Sri K.Nageshwarappa, learned High
Court Government Pleader.
2. Accused who suffered an order of conviction in C.C No.
134/2009 confirmed in Criminal Appeal No.33/2014 is the
revision petitioner.
3. Facts in the nutshell which are utmost necessary for
disposal of the present petition are as under:
3.1 In respect of road traffic accident that occurred on
13.10.2008 at about 1.35 am on National Highway near
Mallapanahalli gate which runs from Bengaluru to Chennai,
involving KSRTC Bus bearing registration No.KA-07/F-1177 and
yet another KSRTC Volvo bus bearing registration No.KA-01/F-
7383, a complainant came to the lodged by one Venkataramu,
resident of Bommanahalli, Hassan District.
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3.2 The complainant was one of the inmates of Volvo
Bus which was proceeding from Bengaluru to Chennai.
Complainant was travelling along with his two friends in the
said bus.
3.3 It is his specific case that when the bus reached
near Mallapanahalli gate, driver of the KSRTC Bus bearing
registration No.KA-07/F-1177 came from opposite side from
Tirupathi to Bengaluru, in a rash and negligent manner and
there was a head on collision with Volvo bus.
3.4 According to the complainant, because of the
impact, he sustained injuries to his left leg. His friends viz.,
Appajigowda, Somashekar and Nagaraj also sustained injuries
to various parts of the body. All of them were taken to
R.L.Jalappa Hospital, Kolar, for treatment.
3.5 It is further stated that on account of the impact of
the accident, about ten persons died and several other
passengers sustained injuries.
4. Based on the said complaint, Mulabagilu Police registered
a case in Crime No.339/2008 for the offences punishable under
Sections 279, 337, 338 and 304A of the Indian Penal Code.
Revision petitioner/accused is the driver of the bus bearing
No.KA-07/F-1177.
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CRL.RP No. 1290 of 2018
5. Names of the persons who lost their lives and in which
bus they were travelling is culled out hereunder:
1) Kum. Rekha D/o. Bangara KA-07-F-1177
Naika, 10 years,
2) Lakshmaiah S/o. Late Ramaiah, KA-01-F-7383
R/o. Hosakot Taluk,
3) Vishnupriya D/o. Jagadish, KA-01-F-7383
Software Engineer, 28 years,
4) Amit Kumar Sinha S/o. Ajay KA-01-F-7383
Kumar, 28 yrs, Software Engineer,
R/o. Jharkand State.
5) Jagannath Sai S/o. Janma Sai, KA-01-F-7383
A/a. 28 years, R/o. Orissa State,
Software Engineer
6) Sachin Rao S/o. Sadananda KA-01-F-7383
Rao, R/o. Bantwal Taluk.
7) Nagaraju S/o. Sonnegowda, KA-01-F-7383
R/o. Nagalapura, Holenarasipura
Taluk.
8) Smt. Asha Hoogar D/o. B.P. KA-01-F-7383
Hoogar, R/o. Tumakuru Town.
9) Sri. Balaji S/o. Prabhakar KA-01-F-7383
Shastry, major, R/o. Ananthapura,
A.P.
10) Smt. Pankaja W/o. Shivaraj, KA-01-F-7383.
A/a. 28 years, R/o. Gayathripurm,
Mysore.
6. Police after investigation filed the charge sheet. Presence
of the driver of the bus bearing No.KA-07/F-1177 was secured
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CRL.RP No. 1290 of 2018
by the learned Trial Magistrate after taking cognizance. Plea
was recorded. Accused pleaded not guilty therefore trial was
held.
7. In order to prove the case of the prosecution, in all 18
witnesses were examined as P.Ws.1 to 18, of which PW-1 is the
complainant. Majority of others are, injured witnesses, doctor
who issued the wound certificates, postmortem reports and the
investigation officers.
8. Prosecution placed on record as many as 42 documents
which were exhibited and marked as Exhibits P-1 to P-42
comprising of complaint, spot mahazar, wound certificates,
indemnity bonds, inquest reports, IMA reports, postmortem
reports.
9. On conclusion of recording of evidence of prosecution
witnesses, accused statement as is contemplated under Section
313 of the Code of Criminal Procedure was recorded.
10. Accused has denied all the incriminating circumstances
adduced against him. For question No.21, he has answered
that on the day of incident he was not the driver of the bus, but
he was the conductor. Therefore he is not responsible for the
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CRL.RP No. 1290 of 2018
alleged offence and it is Anjaneya Prasad who was the driver of
the bus.
11. On record, there is defense evidence in the form of
accused getting himself examined as DW-1, wherein he has
stated that on the day of the incident, he was the conductor of
the offending bus and Anjaneya Prasad was the driver of the
bus.
12. In his cross-examination on behalf of the prosecution, he
admits that original of Exhibit D-1/log sheet is in Divisional
Office. He denies that Exhibit D-1 is a concocted document.
13. He further admits that Exhibit D-2/route copy is given by
the Depot Manager. He has answered that he has been
appointed as driver cum conductor. He further admits that the
date mentioned in Exhibit D-2 as 11.10.2008 which is the same
date as mentioned in Exhibit D-1.
14. He further admits that he has sustained injury on his
right hand, head, nose and fingers of the legs. He has further
answered that on 13.10.2008 the incident has occurred.
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CRL.RP No. 1290 of 2018
15. He has also answered that he was also admitted to
R.L.Jalappa Hospital, Kolar. But driver of the bus namely
Anjaneya Prasad did not sustain any injury.
16. He has further answered that right side of the offending
bus has dashed against the opposite bus and he has not
informed either the higher officials or the police that it is
Ajaneya Prasad who was the driver of the offending bus.
17. In his further examination-in-chief, he has stated that
between 11.10.2008 to 13.10.2008, he was the conductor of
the offending bus. He admits in his further cross-examination
that he has not produced any documents from the higher
officials to establish that he was working as conductor.
18. Above evidence on record was appreciated by the learned
Trial Magistrate. Accepting the prosecution case, convicted the
accused and sentenced as under:
"Having committed an offence u/Sec.279 of IPC the
accused shall undergo simple imprisonment of one
year and shall pay fine of Rs.5,000/-. In default of
payment of fine amount he shall further undergo
simple imprisonment of 4 months.
Having committed an offence u/Sec.337 & 338 of IPC
the accused shall undergo simple imprisonment of 3
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CRL.RP No. 1290 of 2018
months each and shall pay fine of Rs.5,000/- each. In
default of payment of fine amount he shall further
undergo simple imprisonment of 1 month each.
For having committed an offence u/Sec.304A of IPC
he shall undergo simple imprisonment of one year and
shall pay fine of Rs.5,000/-. In default of payment of
fine amount he shall further undergo simple
imprisonment of 6 months."
19. Being aggrieved by the same, accused filed an appeal
before the District Court which came to be dismissed after re-
appreciation of the material on record.
20. Thereafter accused is before this Court in this revision
petition.
21. Sri M.R.Najunda Gowda, learned counsel for the
petitioner reiterating the grounds urged in the revision petition,
contented that both the Courts have not taken into
consideration the probative value of Exhibits D-1 and D-2 and
sought for allowing the petition.
22. He would further contend that in a matter of this nature,
prosecution is expected to prove the case beyond reasonable
doubt and expecting the accused to place the material evidence
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CRL.RP No. 1290 of 2018
that he is innocent is incorrect and sought for allowing the
petition.
23. Per contra, learned High Court Government Pleader
supports the impugned judgments by contending that none of
the inmates of both the bus nurtured any enmity or animosity
against the accused to falsely implicate him in the case and
therefore, sought for dismissal of the petition.
24. Having heard the arguments of both sides, this Court
perused the material on record meticulously.
25. On such perusal of the material on record, the incident
wherein two KSRTC buses having head-on collision on
13.10.2008 at 01.35 a.m. stands established by placing
necessary material evidence on record.
26. Admittedly, one of the inmates of Volvo bus namely PW-1
by name Venkataramu has set criminal law into motion.
27. He was taken to R.L.Jalappa Hospital at Kolar. So also,
other injured were taken to said hospital. In the incident about
ten persons died as referred to supra.
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CRL.RP No. 1290 of 2018
28. The Sole defence that has been taken by the accused is
that he was not the driver of the offending bus and it is the
Anjaneya Prasad who was driving the bus at the time of
accident.
29. Pertinently, Anjaneya Prasad has not sustained any
injuries and it is the present petitioner who has sustained the
injuries. If Anjaneya Prasad was to be the driver of the
offending bus, when there is a head-on collision where the right
side of the offending bus dashed the Volvo bus on its right side,
it is the driver who has to sustain the injury and not the
conductor.
30. Moreover, Anjaneya Prasad is examined as PW-5. In his
evidence, a suggestion is no doubt made on behalf of the
accused that he was driving the offending bus on the date of
the incident. However, in his cross-examination, he has denied
that the accused was deputed as conductor of the bus. He also
denied that he was deputed as driver of the bus.
31. To establish that petitioner is driver of the bus,
Ex.D.1/log sheet and Ex.D.2/route copy are placed on record.
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32. Admittedly, authors of Exhibit D-1 and Exhibit D-2 are
not examined by the petitioner. Moreover, custody of Exhibit
D-1 and Exhibit D-2 is not properly established by the
petitioner.
33. Therefore, contentions urged on behalf of the petitioner
that he was only a conductor of the bus, stands not established
not only from the documentary evidence that has been placed
on record, but also by the fact that he has sustained injuries
and Anjaneya Prasad has not sustained injuries.
34. Therefore, the Trial Magistrate and learned Judge in the
First Appellate Court were justified in holding that petitioner
has failed to prove that he was not the driver of the offending
bus.
35. Moreover, other material evidence placed on record would
go to show that petitioner was the driver of the bus.
36. Admittedly none of the injured witnesses nurtured any
previous enmity or animosity, including Anjaneya Prasad to
falsely implicate the accused in the incident.
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37. Accordingly, the order of conviction recorded by the
learned Trial Magistrate confirmed by the learned Judge in the
First Appellate Court needs no interference.
38. So also the sentence, having regard to the fact that ten
persons have lost their lives in the incident and there are no
mitigating circumstances.
39. Hence, the following:
ORDER
Revision Petition is meritless and is hereby dismissed.
Sd/-
(V SRISHANANDA) JUDGE kcm