JANARDHANACHARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) With the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal. Petitioner was the driver of KSRTC bus bearing registration No. KA-17/F-588. While he was driving the said bus, on 4.9.1988 at 9.30 am. in front of petty shop of Chandrappa at Alagavadi Village, dashed against one Kunchalappa/CW-6, father of CW-1, who sustained grievous injuries. The criminal prosecution under Ss.279 and 338 IPC was initiated against the petitioner. He was found guilty of the said offences and was sentenced to pay fine of Rs. 1, 000/- for each of the offences, in default, to undergo S.I. for one month. An appeal preferred there-against by the petitioner was dismissed. This revision petition has been filed to set aside the said judgments.

(2.) Sri B. Pramod, learned Advocate contended that there being no rashness or negligence on the part of the petitioner and the ingredients of Ss.279 and 338 IPC having not been made out, the Courts below have erred in holding the petitioner - accused guilty for the offences. He submitted that the record of the case has not been correctly appreciated and the findings recorded by the Courts below are perverse. Alternatively, it was submitted that, the petitioner may be given the benefit of Probation of Offenders Act (for short, the P.O. Act) since the payment of fine would affect the service career of the petitioner. Reliance was placed on an order dated 23.05.2012 passed by this Court in Crl.R.P.No. 1067/2009.

(3.) Sri Vijayakumar Majage, learned High Court Government Pleader, on the other hand, supported the view taken by the Courts below and sought dismissal of the petition.