2024 INSC 1038
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. ____________OF 2024 (@ Special Leave Petition (Crl.) No. 1296/ 2023)
JAMES Appellant(s)……
VERSUS
THE STATE OF KARNATAKA Respondent(s)…….
J U D G M E N T
PRASANNA B. VARALE, J.
1. Leave granted.
2. The present special leave petition is filed by the petitioner
against the judgment and final order dated 08.07.2022 passed by
the High Court of Karnataka at Bengaluru whereby the High Court
dismissed the Revision Petition and upheld the sentence of 6
months S.I. under Section 304A of the Indian Penal Code, 1860
(hereinafter ‘IPC’) and also upheld the fine of Rs. 1000/- for the
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offence punishable under Section 279 of IPC passed by the Trial
court on 23.09.2013.
FACTS
3. The case of the prosecution is that on October 18, 2009, at
approximately 1 pm, the petitioner was driving his Qualis vehicle,
registration number KA-01/M-3840, on the NH 206 road from
Bhadravathi to Tarikeri, with a high speed and in rash and
negligent manner and he dashed against the motor cycle of one
Dinesh Kailaje from behind who was riding his TVS Motorcycle,
registration number KA 14 W 9116, with his son PW2 as a pillion
rider. Due to the said accident, Dinesh Kailaje suffered severe
injurie...