Rash & Negligent Driving With Youthful Adventurous Enthusiasm Without Possession Of Valid Documents : Karnataka HC Affirms 6 Months Jail For 22 Year Old Youth
The Karnataka High Court affirmed the judgment of the Trial Court convicting a 22-year-old individual liable under Section 304-A of the Indian Penal Code, 1860 (IPC) for driving rashly and negligently.
The Court noticed an increase in the number of accidents caused by drivers without valid licenses or insurance. The Court expressed concern that these drivers are often reckless and drive without regard for the law.
The Court emphasized the importance of following traffic rules and having the proper documentation when driving.
"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 Bench of Justice Venkatesh Naik T observed.
Advocate Manjunath S. Halawar appeared for the Petitioner (Accused in the Original Suit) and Government Pleader Vinay Mahadevaiah appeared for the Respondents/State.
One Parameshaiah was walking on the road in the Irakasandra colony when he was struck by a motorcycle driven by the Accused. Parameshaiah sustained injuries and was taken to the hospital, but he died on the way to the Hospital. The Accused was charged with offenses under Sections 279, 304-A, 180, 181, 187, and 196 of the Indian Penal Code, 1860 (IPC) and the Motor Vehicles Act 1988 (MVA). He was convicted by the Trial Court and sentenced to six months in prison and a fine of Rs.5,000/-. His Co-Accused was also convicted, but his sentence was later set aside by the First Appellate Court. Aggrieved, the Accused approached the High Court seeking to quash the judgment and order.
The Court noted that the findings of the Trial and Appellate Court had correctly concluded that the Accused was liable for causing the accident. The Court observed that the Accused was driving rashly and negligently. The Court also added that he was not holding a valid license or insurance policy for the motorcycle. The Court also noted that the deceased was not responsible for causing the accident.
“Further at the time of accident, accused No.1 was not holding any valid licence to ride the motor cycle and the owner of the motor cycle do not hold any insurance policy to the vehicle in question… The cumulative effect of entire evidence on record leads to the conclusion that the accident was the out come of the rash and negligent driving on the part of the petitioner”, the Bench noted.
Furthermore, the Court noted that the Petitioner had no criminal antecedents and was the sole breadwinner of his family. However, considering the severity of the offense and the increasing number of accidents caused by rash and negligent driving, the Court upheld the six-month sentence.
The Court reiterated that a minimum imprisonment of at least six months is required to be imposed for the offence punishable under Section 304-A of the Indian Penal Code, 1860 (IPC). The Court noted that the Accused was 22 years old at the time of the accident and had faced the proceedings since 2012.
Accordingly, the Court dismissed the Petition and affirmed the judgment and order of the Trial Court.
Cause Title: Hanumantharayappa v State Of Karnataka (2023:KHC:38014)
