Death By Rash & Negligent Driving: Karnataka High Court Sends Youth To 6 Months Imprisonment, Expresses Concern At Increasing Accidents

The Karnataka High Court has confirmed the sentence of six months imprisonment imposed on a youth under Section 304-A of the Indian Penal Code (IPC) for causing death of a pedestrian by rash and negligent driving.

A single judge bench of Justice Venkatesh Naik T dismissed the revision petition filed by Hanumantharayappa who at the time of offence was 21-years-old.

Referring to the Supreme Court judgments in the case of GURU BASAVARAJ @ BENNE SETTAPPA vs STATE OF KARNATAKA reported in 2012(8) SCC 734 and STATE OF PUNJAB vs SAURABH BAKSHI reported in 2015 (5) SCC 182, the bench observed: 

“The minimum imprisonment of six months atleast is required to be imposed for the offence punishable under Section 304-A of IPC.”

Further it observed :

“This Court has been constantly noticing increase in number of accidents, that too without possessing any valid driving licence and insurance policy to the vehicle and also it is noticed that the driver or rider of such vehicle are totally rash and negligent in driving such vehicle in a rash and negligent manner and also driving with youthful adventurous enthusiasm without possession any valid documents, such as, driving licence or insurance policy to such vehicle, as if there are no traffic Rules or no discipline of law has come to the centre stage.”

The accused had appraoched the court seeking to set aside the judgment of conviction and sentence dated 28.03.2014. The prosecution had alleged that on 23.07.2012 at 3.45 p.m. at Irakasandra colony in front of a puncture shop at Koratagere-Uridigere road, the deceased Parameshaiah was walking on the road, at that time, accused No.1 being the rider of the Motor Cycle came in a rash and negligent manner and dashed to Parameshaiah.

The trial court had convicted accused No.1 for the offences punishable under Sections 279 & 304-A of IPC and was sentenced to undergo rigorous imprisonment of six months and to pay a fine of Rs.5,000/- in default he shall undergo simple imprisonment for a period of six months. 

Primarily, the accused contended that at the time of alleged accident deceased Parameshaiah was alcoholic and therefore the accident in question occurred due to the fault of deceased Parameshaiah, who lost control and fell down on the road.

The bench on going through the witness testimony said “The cumulative effect of entire evidence on record leads to the conclusion that the accident was the outcome of the rash and negligent driving on the part of the petitioner.”

It added “The trial Court as well as Appellate Court rightly appreciated that if the vehicle of the petitioner traversed abruptly, there could not have been any accident and accident could not have occurred.”

Further the petitioner had argued that has no criminal antecedents nor had any intention to cause the accident and he is the sole bread earner in the family and therefore, a lenient view may be taken.

The bench noted on perusal of the judgement passed by the trial Court as well as Appellate Court, the maximum sentence imposed is six months for the offences punishable under Sections 304-A of IPC.

“Having regard to the fact that accused No.1 was aged about 22 years at the time of accident and he has faced the proceedings since 2012 and also the fact that he has no criminal antecedents, considering the factual and legal facts placed on record, the trial Court as well as Appellate Court have concurrently held that petitioner - accused No.1 is guilty of the offence alleged against him and convicted him with maximum imprisonment for a period of six months. There is no merit in this petition.”

Accordingly it dismissed the petition and confirmed the trial court order.

Appearance: Advocate Manjunath S Halawar for petitioner.

HCGP Vinay Mahadevaiah for Respodent.

Citation No: 2023 LiveLaw (Kar) 432

Case Title: Hanumantharayappa AND State of Karnataka

Case No: CRIMINAL REVISION PETITION NO. 784 OF 2015

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