S Anilkumar @ Ani @ Adiya Vs State by S R Pattana Ps — Karnataka HC (2026) — LawSathi Research

S Anilkumar @ Ani @ Adiya Vs State by S R Pattana Ps — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Conviction under Sections 341, 504, 323, 353 read with 34 IPC confirmed; sentence modified by substituting substantive imprisonment with enhanced fines per petitioner (Rs.500/- under S.341 r/w 34; Rs.2,500/- under S.504; Rs.1,000/- under S.323; Rs.3,500/- under S.353) with default simple imprisonment (one week/one month/two weeks/one month respectively); fine already deposited to be adjusted and balance payable within four weeks.

Issue for consideration

Whether the conviction of the petitioners by the Trial Court and its confirmation by the Appellate Court suffers from any illegality or irregularity warranting interference in revision. +1 more

Court's answer

No illegality or irregularity is found in the conviction recorded by the courts below; the conviction of the petitioners for the offences punishable under Sections 341, 504, 323, 353 read with 34 IPC is confirmed.

Ratio / Principle

Given that the petitioners were aged about 24 and 23 years at the time of the 10.04.2013 incident, the incident was a road-rage episode against a stranger, no weapon was used, and more than 12 years have lapsed, it is not necessary to send the petitioners behind bars.

Key takeaways

The order of sentence is modified: each petitioner shall pay enhanced fines of Rs.500/- (S.341 r/w 34 IPC), Rs.2,500/- (S.504 IPC), Rs.1,000/- (S.323 IPC) and Rs.3,500/- (S.353 IPC), with default simple imprisonment of one week, one month, two weeks and one month respectively; fine already deposited is to be credited and the balance deposited within four weeks.ratio¶60

Detailed headnote1 paragraphs

Criminal revision under Sections 397/401 CrPC by accused nos.1 & 2 challenging their conviction under Sections 341, 504, 323, 353 read with 34 IPC for intercepting a KSRTC bus and assaulting its driver in a road-rage incident (FIR Crime No.229/2013, Srirangapatna Police Station; conviction in CC.No.74/2013 by Prl. Senior Civil Judge & JMFC, Pandavapura, dated 26.08.2016; confirmed in Crl.A.No.5013/2016 by III Addl. District & Sessions Judge, Mandya, dated 12.04.2018). Held: conviction confirmed — no illegality or irregularity found in the judgments of the courts below. On sentence, considering that the petitioners were youngsters aged about 24 and 23 years at the time of the 10.04.2013 incident, the injured was a stranger, the incident arose out of road rage, no weapon was used, and over 12 years had lapsed, the Court held it unnecessary to send them to prison and modified the sentence by enhancing the fines: Rs.500/- each (S.341 r/w 34 IPC, default SI one week), Rs.2,500/- each (S.504 IPC, default SI one month), Rs.1,000/- each (S.323 IPC, default SI two weeks) and Rs.3,500/- each (S.353 IPC, default SI one month); fine already deposited to be adjusted, balance payable within four weeks. Revision petition allowed in part.

1 -

NC: 2026:KHC:6265 CRL.RP No. 686 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF FEBRUARY, 2026 BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 686 OF 2018

BETWEEN:

S. ANILKUMAR @ ANI @ ADIYA S/O SANNANINGEGOWDA OCC:AUTO DRIVER R/AT SEETHAPURA VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT - 571 434.

AJAY

S/O SWAMEGOWDA OCC:AGRICULTURIST R/AT YELEKERE VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT - 571 434.

…PETITIONERS

(BY SRI T. PRAKASH, ADV.)

AND:

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

STATE BY S.R. PATTANA P.S. MANDYA DISTRICT REP BY SPP, HIGH COURT BUILDINGS BENGALURU - 01.

…RESPONDENT

(BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION DATED 26.08.2016 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., PANDAVAPURA IN C.C.NO.74/2013 AND ALSO SET ASIDE THE JUDGMENT DATED 12.04.2018 DISMISSAL ORDER PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA) IN CRL.A.NO.5013/2016 AND CONSEQUENTLY TO ACQUIT THE PETITIONERS/ACCUSED PERSONS FOR THE OFFENCE P/U/S 341,504,323 AND 353 R/W 34 OF IPC.

2 -

NC: 2026:KHC:6265 CRL.RP No. 686 of 2018

HC-KAR

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused nos.1 & 2 have filed this criminal revision petition under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order dated 26.08.2016 passed in CC.No.74/2013 by the Court of Prl. Senior Civil Judge & JMFC, Pandavapura, and the judgment and order dated 12.04.2018 passed in Crl.A.No.5013/2016 by the Court of III Addl. District & Sessions Judge, Mandaya.

Heard the learned Counsel for the parties.

It is the case of the prosecution that on 10.04.2013 at about 10.30 a.m. within the limits of Srirangapatna Police Station, when accused no.1 were riding in the motor cycle bearing registration No.KA-11-Y-3812, the KSRTC bus bearing registration No.KA-11-F-0131 which was driven by CW-1 tried to overtake the motor bike in which the petitioners were riding and CW-1 allegedly blew the horn of the bus when the riders of the bike did not give him way to overtake the bike. Thereafter,

3 -

NC: 2026:KHC:6265 CRL.RP No. 686 of 2018

HC-KAR

CW-1 overtook the motor bike and when the bus reached near

Elekere hand post, the petitioners all of a sudden overtook the bus and intercepted the same. Thereafter, they picked up quarrel with CW-1 and after abusing him using filthy language, assaulted him with their hands and tore his uniform. Accused no.2 allegedly also kicked CW-1 and caused bleeding injures. CW-2 is the Conductor who was on duty in the aforesaid KSRTC bus on the alleged date of incident. Based on the first information received from CW-1, FIR was registered against the petitioners by Srirangapatna Police Station in Crime No.229/2013 for the aforesaid offences.

After completing investigation, charge sheet was filed against them for the aforesaid offences. Since petitioners had claimed to be tried before the Trial Court in CC.No.74/2013, the prosecution in order to prove its charges against the petitioners who were arrayed as accused nos.1 & 2 in CC.No.74/2013, had examined eight charge-sheet witnesses as PW-1 to PW-8 and got marked nine documents as Exs.P-1 to P-9. On behalf of the defence, no oral or documentary evidence was placed on record. The torn uniform shirt of PW-1 was produced and

4 -

NC: 2026:KHC:6265 CRL.RP No. 686 of 2018

HC-KAR

marked as MO-1. The Trial Court after hearing the arguments addressed on both sides, convicted accused nos.1 & 2/petitioners herein for the offences punishable under Sections 341, 504, 323, 353 read with 34 IPC and were sentenced to undergo simple imprisonment for a period of one month and pay fine of Rs.500/- for the offence punishable under Section 341 read with 34 IPC. For the offence punishable under Section 504 IPC, the accused were sentenced to undergo simple imprisonment for a period of one year and pay fine of Rs.1,000/-. For the offence punishable under Section 323 IPC, the accused were sentenced to undergo simple imprisonment for a period of six months and pay fine of Rs.500/-. For the offence punishable under Section 353 IPC, the accused were sentenced to undergo simple imprisonment for a period of one year and pay fine of Rs.1,000/-. It was further ordered that if the accused persons failed to pay the fine amount, in default they shall undergo simple imprisonment for a period of two months. All the sentences were ordered to run concurrently.

The said judgment and order of conviction and sentence passed in CC.No.74/2013 was confirmed by the Court of III

5 -

NC: 2026:KHC:6265 CRL.RP No. 686 of 2018

HC-KAR

Addl. District & Sessions Judge, Mandya, in Crl.A.No.5013/2016 vide judgment and order dated 12.04.2018. It is under these circumstances, accused nos.1 & 2 are before this Court.

The prosecution in order to prove its charges against accused nos.1 & 2 has, in all, examined eight charge-sheet witnesses as PW-1 to PW-8.

PW-1 is the driver of the KSRTC bus who is the injured witness in the present case and PW-2 is the Conductor who was on duty on the alleged date of incident. PW-1 & PW-2 have clearly stated during the course of their deposition about the manner in which the incident in question had taken place and they have also alleged that accused nos.1 & 2 after intercepting the KSRTC bus bearing registration No.KA-11-F-0131 quarrelled with PW-1 and also assaulted him causing blood oozing injuries. The evidence of PW-1 & PW-2 corroborates each other. The prosecution has placed on record the wound certificate of PW-1 as Ex.P-5 and the doctor who had treated PW-1 has been examined as PW-5. Ex.P-1 is the copy of the complaint submitted by PW-1 and Ex.P-2 is the spot mahazar. The torn uniform of PW-1 is produced and marked as MO-1.

6 -

NC: 2026:KHC:6265 CRL.RP No. 686 of 2018

HC-KAR

PW-7 - M.K.Boraiah is the Sub-Inspector of Police who

had registered the case and copy of the FIR is marked as Ex.P-7. PW-8 - B.G.Kumar is the Investigation Officer who has completed the investigation and has filed the charge sheet. He has spoken about receiving the duty certificate of PW-1 which is produced as Ex.P-8 and the log sheet as Ex.P-9.

Though the other witnesses who were examined by the prosecution have turned hostile to the case of the prosecution, the evidence of PW-1 & PW-2 coupled with the evidence of PW-5 - doctor and PW-7 & PW-8 who are the Police Officers, clearly makes out a case against the accused for the alleged offences for which they have been convicted and sentenced by the courts below.

The Trial Court and the Appellate Court having appreciated the oral and documentary evidence placed on record, have rightly convicted the petitioners for the chargesheeted offences. I do not find any illegality or irregularity in the impugned judgment and order of conviction passed by the courts below against the petitioners.

7 -

NC: 2026:KHC:6265 CRL.RP No. 686 of 2018

HC-KAR

So far as the order of sentence passed against the petitioners is concerned, the material on record would go to show that the petitioners were youngsters aged about 24 years and 23 years, respectively, as on the date of alleged incident. It is submitted by the learned Counsel for the petitioners that they are now married and are required to take care of their family members. The incident in question had taken place on 10.04.2013 and more than 12 years have lapsed thereafter. The injured was a total stranger to the petitioners and the alleged incident was the outcome of road rage. Undisputedly, petitioners have not used any weapon to assault PW-1 and the allegations against them is about assaulting PW-1 with their hands and legs. All the charge-sheeted offences are punishable with imprisonment or fine. Considering the nature of allegations and the period lapsed after the date of incident, I am of the opinion that at this stage, it may not be necessary to send the petitioners behind bars. Under the circumstances, I am of the opinion that if the order of sentence passed against the petitioners/accused nos.1 & 2 is modified by enhancing the fine

8 -

NC: 2026:KHC:6265 CRL.RP No. 686 of 2018

HC-KAR

amount imposed by the Trial Court, the same would serve the ends of justice. Accordingly, the following order:

Criminal Revision Petition is allowed in part. The

judgment and order of conviction passed by the courts below convicting the petitioners for the offences punishable under Sections 341, 504, 323, 523 read with 34 IPC, are confirmed. The order of sentence passed against the petitioners for the charge-sheeted offences is modified and for the offence punishable under Section 341 read with 34 IPC, the petitioners shall pay fine of Rs.500/- each, and in default, to undergo simple imprisonment for a period of one week. For the offence punishable under Section 504 IPC, the petitioners shall pay fine of Rs.2,500/- each, and in default, to undergo simple imprisonment for a period of one month. For the offence punishable under Section 323 IPC, the petitioners shall pay fine of Rs.1,000/- each, and in default, to undergo simple imprisonment for a period of two weeks. For the offence punishable under Section 353 IPC, the petitioners shall pay fine of Rs.3,500/- each, and in default, to undergo simple imprisonment for a period of one month. If the petitioners have

9 -

NC: 2026:KHC:6265 CRL.RP No. 686 of 2018

HC-KAR

already deposited the fine amount as ordered by the Trial

Court, the balance fine amount shall be deposited by them within a period of four weeks from today.

Sd/(S VISHWAJITH SHETTY) JUDGE

KK