Sanjay Colaro vs The State Of Karnataka

2025 INSC 686 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2025 (Arising from SLP (Crl.) No.3455/2023)

SANJAY COLARO ...APPELLANT(S)

VERSUS

STATE OF KARNATAKA ...RESPONDENT(S)

ORDER

1. Leave granted.

2. The instant appeal has been preferred by the accused-

appellant against the final judgment dated 21.11.2022

passed by the High Court of Karnataka in Criminal Revision

Petition No. 323 of 2013 wherein the High Court has

dismissed the revision petition preferred by the appellant

herein and upheld the judgment of conviction and sentence

dated 21.11.2011 passed by the Principal Civil Judge &

JMFC, Ramanagara1 in CC No. 431 of 2008 under Section

279 and 304A of Indian Penal Code, 18602. Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2025.05.14 18:42:30 IST Reason: 1 Trial Court 2 IPC

Crl. Appeal No……of 2025 @SLP (Crl.) No.3455 of 2023 1

3. Briefly put, the case of the prosecution is that on 29.03.2008,

at about 11 a.m. near a place called Ramadevara Pada on

Bengaluru-Mysuru Road, the accused-appellant has been

alleged to be driving his motorcar bearing registration no. KA-

03-MC-2926 in a rash and negligent manner and dashed into

one Sri Chaluvappa, a pedestrian. Due to the said accident,

the said Chaluvappa sustained multiple injuries on his body

and succumbed to the same before he was taken to the

hospital. The accused was charged of offences punishable

under Sections 279 and 304A of the IPC.

4. The appellant was convicted under the above-mentioned

provisions vide judgment dated 21.11.2011 and was

sentenced to undergo simple imprisonment for a period of six

months and a fine of Rs. 5,000/-, failing which he was

directed to undergo simple imprisonment for one month. The

appellant preferred an appeal before the Principal District

and Sessions Judge, Ramanagara District which was

dismissed vide order dated 25.02.2013 and the judgment

passed by the Trial Court was affirmed.

5. Aggrieved by the order passed by the first appellate court, the

appellant filed a Criminal Revision Petition before the High

Crl. Appeal No……of 2025 @SLP (Crl.) No.3455 of 2023 2 Court. The High Court, vide the impugned order, dismissed

the said revision petition and affirmed the conviction and

sentence awarded to the appellant, while also granting 45

days to the appellant to surrender before the Trial Court.

6. Aggrieved by the impugned order, the appellant is before us.

7. We have heard the learned counsel for the parties and

perused the material on record.

8. Dr. Manish Singhvi, learned senior counsel appearing for the

appellant, has submitted that the said unfortunate incident

is admittedly a case of road accident without any malicious

intent on the part of the appellant and that no constructive

purpose shall be served by making the appellant go through

the incarceration period. It was submitted that, instead, the

appellant should be extended the benefit of either the

Probation of Offenders Act, 1958 or Section 360 of the Code

of Criminal Procedure, 19733 and the appellant be made to

pay reasonable compensation to the legal heirs of the

deceased which would actually benefit the family members of

the deceased person.

3 Cr.P.C.

Crl. Appeal No……of 2025 @SLP (Crl.) No.3455 of 2023 3

9. Being inclined towards accepting the suggestion made by the

learned senior counsel for the appellant, this Court vide order

dated 03.02.2025, had directed Mr. V.N. Raghupathy,

learned counsel appearing for the respondent-State of

Karnataka to obtain instructions with respect to the details

of the legal heirs of the deceased and also about their current

status.

10. As such, pursuant to the order dated 03.02.2025, the State

of Karnataka has filed an affidavit dated 07.03.2025

providing the details of the legal heirs of the deceased. There

are ten surviving legal heirs of the deceased as described in

Annexure-1 to the said affidavit and their details are

reproduced as below:

S. FAMILY MEMBER AGE RELATION STATUS NO.

1 Sri Chaluvaiah - Deceased -

@ Chaluvappa 2 Smt. Died Wife -

Chikkamma 3 Sri 64 Son Agriculture, Ramakrishnaiah yrs. Basavanapura, 9611664601 Ramanagara Taluk & district 4 Smt. Jayamma 62 Daughter Widow, Labour yrs. work, Bangalore City 5 Sri Devaraju 60 Son Labour Work, yrs. Basavanapura, Ramanagara Taluk & district

Crl. Appeal No……of 2025 @SLP (Crl.) No.3455 of 2023 4 6 Smt. 58 Daughter Widow, Labour Gowramma yrs. Work, Sunnagatta, Village, Channapatna Taluk, Ramanagara district 7 Sri. 56 Son Agriculture, Narayanappa yrs. Shivanagara, 9845351940 Bangalore 8 Smt. 54 Daughter Labour Work, Sushilamma yrs. Vaderahally, Ramanagara Taluk & district 9 Smt. 52 Daughter Widow, Labour Kamalamma yrs. Work, 9980006480 Basavanapura, Ramanagara Taluk & district 10 Smt. 50 Daughter Widow, Labour Ammayamma yrs. Work, Vidyanagara, Ramanagara Town 11 Sri Nagesh 48 Son Provision Store, 9986401222 yrs. Kengeri, Bangalore city 12 Smt. 46 Daughter Widow, Labour Yashodamma yrs. Work, Danayakanapura, Ramanagara Taluk & district

11. Considering the facts and circumstances of the case, we find

no reason to interfere with the concurrent conviction against

the appellant. However, with regard to the sentence imposed,

we deem it appropriate to extend to the appellant the benefit

under the Probation of Offenders Act and set aside the

sentence by which he has been directed to undergo simple

imprisonment for six months. Further, we award a total

Crl. Appeal No……of 2025 @SLP (Crl.) No.3455 of 2023 5 compensation of Rs. 10,00,000/- (Rupees ten lakhs only) in

favour of the surviving legal heirs of the deceased in lieu of

the benefit extended to the appellant and the appellant shall

duly conform with the payment of such compensation.

12. Accordingly, the appellant is directed to deposit a sum of Rs.

10,00,000/- (Rupees ten lakhs only) with the Trial Court

within eight weeks from today. Out of the said amount, Rs.

1,00,000/- (Rupees one lakh) is to be paid to each of the ten

legal heirs of the deceased, as described in table referred to

above.

13. Further, since it is apparent that the legal heirs of the

deceased are mostly agricultural workers or daily-wage

labourers belonging to underprivileged sections of the society,

we believe that it will be beneficial if some assistance is

extended to the legal heirs by the District Legal Services

Authority in receiving & disbursing the said amount. As such,

we direct the Member Secretary of the District Legal Service

Authority at Ramanagara4, after due verification of the legal

heirs, to assist them in getting their bank accounts opened

4 DLSA

Crl. Appeal No……of 2025 @SLP (Crl.) No.3455 of 2023 6 and ensure that the due amount is remitted to their

respective bank accounts expeditiously.

14. Lastly, the Member Secretary, DLSA, Ramanagra is directed

to file a status report on the above-directed aspects before

this Court within three months of the receipt of this order.

15. Accordingly, the instant appeal is disposed of in terms of the

above directions.

……………....................,J.

(VIKRAM NATH)

……………....................,J.

(K.V. VISWANATHAN) NEW DELHI;

APRIL 21, 2025.

Crl. Appeal No……of 2025 @SLP (Crl.) No.3455 of 2023 7