HONNAPPA vs STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH


ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

CRIMINAL REVISION PETITION NO.200042 OF 2025

(397(Cr.PC)/438(BNSS))

BETWEEN:

HONNAPPA S/O BASAPPA,
AGE:52 YEARS, OCC:AGRICULTURE,
R/O. CHIKKA WADLOOR VILLAGE,
DIST.RAICHUR – 584 102.





…PETITIONER
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)

AND:

1.
STATE OF KARNATAKA
BY RAICHUR RURAL P.S. THROUGH
LEARNED PUBLIC PROSECUTOR,
RAICHUR – 584 101.

2. NINGAYYA S/O MAREPPA,
AGED ABOUT: 41 YEARS, OCC: AGRICULTURE,
R/O. CHIKKA WADLOOR VILLAGE,
TQ. AND DIST. RAICHUR – 584 102.




Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA


…RESPONDENTS

(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1,
SRI. KIRAN KUMAR KALLUR, ADVOCATE FOR R2)

THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 438 R/W SEC.442 OF BNSS, 2023, PRAYING TO, CALL
FOR RECORDS AND SET ASIDE THE IMPUGNED ORDER
DATED 25.01.2024 PASSED IN C.C.NO.1662/2018 PASSED BY
THE III ADDL. SENIOR CIVIL JUDGE AND JMFC., RAICHUR

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AND ORDER DATED 13.2.2025 PASSED IN CRL.APPEAL
NO.6/2024 PASSED BY THE PRL. DISTRICT AND SESSIONS
JUDGE, RAICHUR, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

ORAL ORDER

This petition is filed by the petitioner praying for an
order to set aside the judgment dated 13.02.2025 (the
impugned judgment) of the learned Principal District
and Sessions Judge, Raichur (for short ‘the Appellate
Court’) in Criminal Appeal No.6/2024, wherein the
appeal filed by the petitioner was partly allowed as per
the impugned judgment confirming the order of
conviction and modifying the order of sentence passed
against the petitioner by the learned III Additional
Senior Civil Judge and JMFC, Raichur (for short ‘trial
Court) in CC No.1662/2018 as per the judgment dated
25.01.2024, in which the learned Magistrate found the
petitioner guilty of the offence punishable under

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Sections 285, 287 and 304A of IPC and he is sentenced
to undergo simple imprisonment for 2 years for the
offence punishable under Section 304A of IPC and fine
of Rs.5,000/- and in default of payment of fine, the
petitioner shall undergo further simple imprisonment
for a period of 6 months, sentenced with simple
imprisonment for 6 months for the offence punishable
under Section 287 of IPC and fine of Rs.1,000/- and in
default of payment of fine, the petitioner shall undergo
further simple imprisonment for a period of one month.
It is ordered that since petitioner is sentenced for the
offence under Section 287 of IPC, no separate sentence
is passed for the offence under Section 285 of IPC. All
the sentences shall run concurrently.


2. The facts of the case alleged against the
petitioner are that he was constructing a new house in
Chikkavadloor village. On 16.04.2018, at about 01.30
p.m., the petitioner in order to pour water to the

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basement of house illegally obtained electricity
connection from the electric pole and connected the
same to the electric motor placing the same on the
plastic barrel in order to lift water from the barrel. He
asked the deceased child, who is son of the respondent
No.2/ CW.1 to hold the electric motor so that it should
not sit. The petitioner without taking and precaution
carelessly and negligently asked the deceased to hold
electric pump and in order to pour water, he dragged
the pipe connected to the water. Hence, the electric
motor slipped and fell into water stored in the barrel.
Consequently, the electric plug and wire connected to
the motor also fell into water due to which electricity
current flew in water and the hand of the deceased child
holding water came in contact with water which
resulted in the deceased child suffering electric shock
and thereafter on the way to hospital, the deceased
child died of such electric shock.

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3. On the complaint of the respondent No.2, the
case was registered against the petitioner by the
respondent police for the offence punishable under
Sections 201, 287 and 304-A of IPC in their crime No.
114/2018 and after completion of the investigation, the
respondent No.1 police filed the charge sheet against the
petitioner for the offence punishable under Sections
285, 287 and 304-A of IPC. After trial, the learned
Magistrate found the petitioner guilty of the said offence
and convicted him for the said offence and passed order
of sentence as per the judgment dated 25.01.2024 in CC
No.1662/2018.

4. Being aggrieved by the said judgment of the
learned Magistrate, the petitioner has preferred appeal
in Criminal Appeal No.6/2024. The Appellate Court as
per the impugned judgment allowed the appeal filed by
the petitioner in part and modified the order of sentence
thereby confirming the judgment of conviction of the

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learned Magistrate convicting the petitioner for the
offences punishable under Section 285, 287 and 304-A
of IPC. The order of sentence of the trial Court is
modified by reducing the period of simple imprisonment
of two years to one year for the offence punishable
under Section 304-A of IPC. Being aggrieved by the
impugned judgment of the Appellate Court, the
petitioner has preferred the present Revision petition
before this Court.

5. During the course of arguments, compromise
petition dated 27.10.2026 is filed under Section 482 of
Cr.P.C/ Section 528 of BNS jointly by both the
petitioner and respondent No.2 praying for an order to
permit them to compromise the case and allow the
petition in terms of compromise and thereby to set aside
the impugned order and acquit the petitioner of the
alleged offences.

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6. Both the petitioners and the respondent No.2
have filed separate affidavits along with the compromise
petition submitting that they are cousins i.e., sons of
siblings and they have amicably settled the matter
regarding the dispute arose in the case and the
respondent No.2 has no objection to allow the
application in terms of the compromise entered between
them as prayed for.

7. However, as submitted by the learned HCGP,
the offence for which the petitioner is convicted and
sentenced by both the Appellate Court and the trial
Court is non compoundable offence. Moreover, in the
alleged incident, about 8 years old child of respondent
No.2. Hence, at the cost of life of a child, the parties
cannot be permitted to compound the case.

8. Moreover, the learned Magistrate found the
petitioner guilty of the offence and the same is

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confirmed by the Appellate Court and the petitioner is
convicted for the offences punishable under Sections
285, 287 and 304-A of IPC. Therefore, the compromise
petition filed by the petitioner and the respondent does
not merit consideration on the facts of the case and also
in law.

9. Moreover, the Hon’ble Apex Court in several
decisions has held that this Court cannot allow the
parties to compromise the matter in heinous offences
such as resulting in death due to negligence on the part
of the accused. However, the learned counsel for the
petitioner has referred to the order dated 28.04.2026 of
the coordinate Bench of this Court in Crl.P.No.486 of
2018, wherein the similar petition was allowed in part
and the order of sentence is reduced modifying the order
of the learned Magistrate and the Appellate Court in the
similar case. Hence, the submission of the learned
counsel for the petitioner is that to maintain good

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relationship between the petitioner and the respondent
who are cousins, being blood relatives, the fine amount
may be enhanced and the sentence of imprisonment
may be reduced.

10. On perusal of the reasoning of the trial Court,
it is clear that the trial Court and the Appellate Court
have appreciated the evidence available on record in
proper perspective and rightly come to the conclusion
that there is case made out against the petitioner for the
offences punishable under Sections 304-A and 287 of
IPC. Hence, there is absolutely no ground made by the
petitioner to set aside the judgment of the Appellate
Court and consequently, the order of conviction passed
against the petitioner under Section 304-A and 287 of
IPC shall stand confirmed.

11. However, it is pertinent to note that having
regard to the revision power conferred under Section

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397 of Cr.P.C which is limited, this Court is required to
ascertain and verify whether the order of sentence
passed by the Appellate Court needs modification in
view of the submissions made on behalf of the petitioner
that the petitioner is ready to pay the enhanced fine
amount and that the order of sentence of imprisonment
may be reduced.

12. In the circumstances, considering the fact
that the petitioner and respondent No.2 are cousins and
the minor son of respondent No.2, who was aged about
8 years died in the incident and that there was no
intention on the part of petitioner to commit any
negligence, which resulted in the death of the deceased
child, lenience could be shown to the petitioner
imposing lesser punishment on him. Thus, considering
the submissions of the learned counsel for both the
parties and also the conduct of petitioner regarding his
willingness to pay enhanced fine amount, it is just and

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appropriate that the order of sentence passed by the
Appellate Court in the impugned judgment may be
modified enhancing the fine amount in addition to the
fine amount which has already been imposed by the
Appellate Court while modifying the order of sentence
passed by the learned Magistrate.

13. Further, as submitted by the learned counsel
for the petitioner and also as forthcoming on record,
both the petitioner and respondent No.2 are cousins
and they have expressed their willingness to maintain
harmonious relationship among themselves by entering
into compromise between them as mentioned in the
compromise petition. Hence, this Court is of the
considered opinion that if the sentence ordered by the
Appellate Court for the offences punishable under
Sections 287 and 304A, if modified by directing the
petitioner to undergo simple imprisonment for the day
till rising of the Court and the fine amount of

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Rs.3,00,000/- and Rs.50,000/- may be imposed for the
offences punishable under Section 304A and 287 of IPC
respectively, in addition to the fine amount already
imposed by the Appellate Court. Further, out of the total
amount, an amount of Rs.3,50,000/- can be ordered to
be paid as compensation to the respondent No.2, who is
the father and natural guardian of the deceased child,
to meet ends of justice.

14. The enhanced compensation amount should
be paid forthwith to the respondent No.2 by way of
cheque/ demand draft, after proper and due
identification. In view of the aforesaid facts and
circumstances of the case and also the submissions of
the learned counsel for both the parties on record, the
Revision petition deserves to be allowed in part
accordingly.

15. In the result, I proceed to pass the following:

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O R D E R

(i) The Revision petition filed by the petitioner
is hereby allowed in part.

(ii) Consequently, the impugned order of
conviction passed by the learned
Principal District and Sessions Judge,
Raichur/ Appellate Court is hereby
confirmed for the offence punishable under
Sections 285, 287 and 304A of IPC.

(iii) The order of sentence of imprisonment
ordered by the Appellate Court is modified
by reducing simple imprisonment for one
year to simple imprisonment for the day till
rising of the Court and to pay a fine amount
of Rs.3,00,000/- in addition to the fine
amount already imposed by the Appellate
Court for the offence punishable under
Section 304A of IPC.

(iv) The petitioner is also sentenced to undergo
simple imprisonment for the day till rising of
the Court and also to pay a fine of
Rs.50,000/- in addition to the fine amount

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already imposed by the Appellate Court for
the offence punishable under Section 287 of
IPC.

(v) Both the orders of sentence imposed on the
petitioner shall run concurrently.

(vi) Under Section 357 of Cr.P.C., out of total
fine amount, the amount of Rs.3,50,000/-
shall be paid to the respondent No.2/ de
facto complainant -Ningayya S/o Mareppa
who is father of the deceased child, as
compensation directly by way of cheque/
Demand draft forthwith, under proper and
due identification.

(vii) Failure on the part of petitioner to pay the
enhanced fine amount would automatically
result in restoration of the sentence ordered
by the Appellate Court under the impugned
judgment.

(viii) The petitioner shall personally appear before
the learned Magistrate/ trial Court on
07.11.2026 at 11.00 a.m. to receive the

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sentence of simple imprisonment till rising
of the Court.

(ix) The petitioner shall pay the remaining
amount of Rs.6,000/- (fine of Rs.5,000/- for
the offence punishable under Section 304-A
of IPC and Rs.1,000/- for the offence
punishable under Section 287 of IPC
imposed by the Appellate Court) before the
Trial Court on or before 07.11.2026, if not
already remitted.

(x) Office is directed to return the trial Court
records with copy of this order forthwith for
necessary steps in the matter accordingly.



Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE


MBB
List No.: 1 Sl No.: 32