C S Ramesh v. State of Karnataka

ORDER i. Revision Petition is allowed in part.

ii. While maintaining the conviction for the offence punishable under Sections 279, 337, 304A of the Indian Penal Code and Section 134(a) and (b) and Section 187 of the IMV Act, the sentence of imprisonment ordered by the learned Trial Magistrate confirmed by the first Appellate Court for

the offence punishable under Section 304A of the Indian Penal Code is modified by directing the petitioner/accused to undergo simple imprisonment for the day till the rising of the Court and to pay enhanced fine amount of Rs.5,00,000/- which shall be paid to the dependants of deceased Ravichandran, under due identification.

iii. Enhanced fine amount shall be paid in two equal installments. The first installment shall be paid on or before 31.05.2026 and second installment on or before 30.06.2026.

iv. If there is a failure to make the payment of enhanced fine amount as agreed, petitioner shall undergo imprisonment ordered by the learned Trial Magistrate confirmed by the First Appellate Court.

v. Office is directed to return the Trial Court Records with copy of this order for issue of modified conviction warrant.

Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 86

NC:(2026:KHC:24230( CRL.RP(No.(535(of(2018( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(29 (DAY(OF(APRIL,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(V(SRISHANANDA( CRIMINAL(REVISION(PETITION(No.535(OF(2018( (397(Cr.PC)(/(438(BNSS)( BETWEEN:(( ( , C,S,RAMESH, S/O,SAGANEGOWDA,, AGED,45,YEARS,, R/AT,NO.C-10,, CHATHRAHALLI,VILLAGE,, SALAGAMI,HOBLI,, BYALAHALLI,POST, HASSAN,TALUK,, HASSAN,DISTRICT, …PETITIONER, (BY,SRI,T.PRAKASH,,ADVOCATE), AND:( ( , STATE,OF,KARNATAKA, BY,NARASIMHARAJA,TRAFFIC,PS,, Digitally MYSURU, signedtiby REPTD.BY,GOVT.PLEADER, MALATE SH HIGH,COURT,BUILDING,, K0C BANGALORE,–,560,001, Location: …RESPONDENT, HIGH (BY,SMT.WAHEEDA.M.M,,HIGH,COURT,GOVERNMENT,PLEADER),COURT0OF KARNATAKA , THIS, CRIMINAL, REVISION, PETITION, IS, FILED, UNDER, SECTION, 397, R/W, 401, CODE, OF, CRIMINAL, PROCEDURE,, PRAYING,TO,SET,ASIDE,THE,JUDGMENT,OF,CONVICTION,AND, SENTENCE, PASSED, BY, THE, III, ADDITIONAL, SENIOR, CIVIL, JUDGE, AND, C.J.M.,, MYSURU, IN, C.C.NO.313/2012, DATED, 12.08.2017,CONVICTING,THE,PETITIONERS,FOR,THE,OFFENCE, PUNISHABLE, UNDER, SECTION, 279,, 337, AND, 304(A), OF, INDIAN,PENAL,CODE,AND,SECTION,134(A,AND,B),,AND,187, OF IMV ACT OF INDIAN PENAL CODE WHICH WAS CONFIRMED BY THE I ADDITIONAL SESSIONS JUDGE, MYSURU IN CRL.A.NO.193/2017 DATED 05.04.2018 BY ALLOWING THE ABOVE CRL.RP THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for some time, counsel for the petitioner Sri T.Prakash files a memo in respect of alternate submission to the effect that, in the event this Court upholding the order of conviction having regard to the limited revisional powers, sentence of imprisonment may be set aside taking note of the ill-health of the petitioner and old aged blind mother to be looked after by him, by enhancing the fine amount, reasonably. 2. However, Smt. Waheeda, learned High Court Government Pleader would oppose the alternate submission contending that concept of 'blood money' is alien to the Indian Criminal Jurisprudence. Therefore, no mercy can be shown to the petitioner. 3. Taking note of attendant facts and circumstances, in the light of the arguments put forth between the parties, and the fact that petitioner has got a old aged blind mother and there is nobody else to look after her except the petitioner and taking note of the ill health of the petitioner and the fact that the petitioner has come forward to pay Rs.5,00,000/- as compensation to the dependents of the deceased, this Court is of the considered opinion that the sentence of imprisonment ordered by the learned Trial Magistrate for the offence punishable under Section 304A of the Indian Penal Code, if modified by directing the petitioner/accused to undergo simple imprisonment for the day till rising of the Court and to pay enhanced fine amount of Rs.5,00,000/- as agreed in the memo would meet the ends of justice. 4. Accordingly, the following: