SANJEEVA SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed challenging the judgment and order of conviction and sentence dtd. 12/12/2012 passed by the Civil Judge and JMFC, Hosanagara, in C.C.No.635/2010, and the judgment and order dtd. 19/5/2014 passed by the I Addl. Sessions Judge, Shivamogga, in Crl.A.No.239/2012.

(2.) Heard Sri Pradeep, Amicus Curiae, who was appointed to assist the Court on behalf of the petitioner and also the learned HCGP on behalf of the State.

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this petition are, on 18/10/2009 at about 3.00 p.m., the bus bearing No.KA-20-A-8114 belonging to Hanuman Bus Company, which was driven by the petitioner in a rash and negligent manner dashed against the Omni Car bearing registration No.KA-32-M- 2917 on Shivamogga-Hosanagara Road, near Chandana Park. As a result, the inmates of the omni car as well as the bus, suffered injuries and a seven year old girl by name Prerana who was traveling in the omni car succumbed to the injuries suffered by her in the accident. PW-1 - Ramesha who was one of the inmates of the bus was admitted in Hosanagara Hospital and his statement was recorded by the police in the hospital and on the basis of the same, a case was registered against the petitioner in Crime No.154/2009 for the offences punishable under Ss. 279, 337, 338 & 304-A IPC.