The Supreme Court has granted relief to a Bengaluru Metropolitan Transport Corporation (BMTC) driver convicted in a fatal road accident case by extending the benefit of the Probation of Offenders Act, while maintaining his conviction under negligent driving provisions.
The bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar has observed that although the conviction for causing death by negligence would stand, the driver could be released after due admonition instead of undergoing imprisonment, ensuring that his employment prospects are not adversely affected.
The bench set aside the conviction under Section 279 of the Indian Penal Code (rash driving on a public way), but upheld the conviction under Section 304-A IPC for causing death by negligence along with offences under the Motor Vehicles Act.
The petitioner, Mahadevanna was employed as a BMTC bus driver. On December 27, 2011, at around 7:15 p.m., while driving a BMTC bus bearing registration number KA-01-F-3716, he was involved in an accident in which a pedestrian, Rangamma, was hit while crossing the road. She suffered fatal injuries and later died in hospital. The driver did not report the incident to the police, following which an FIR was lodged and an investigation commenced. Subsequently, a charge sheet was filed against him.
The Trial Court held him guilty under Sections 279 and 304-A IPC and also under Section 134(b) read with Section 187 of the Motor Vehicles Act. The conviction was later affirmed by the First Appellate Court. Thereafter, the High Court partly interfered with the findings by setting aside only the conviction under Section 279 IPC while sustaining the remaining convictions.
During the proceedings before the Supreme Court, the Court had earlier directed the appellant to deposit ₹5 lakh and suspended his sentence pending adjudication. Family members of the deceased were also impleaded as parties in the matter. The deposited amount remained in a fixed deposit with the Court registry.
Before the Supreme Court, counsel for the appellant argued that he should be considered for the benefit available under Section 3 of the Probation of Offenders Act, 1958, noting that the punishment prescribed for Section 304-A IPC does not exceed two years. Significantly, the State did not oppose the request provided that the deposited amount was released as compensation to the deceased’s family members.
The Supreme Court accepted this submission and examined the applicability of Section 3 of the Probation of Offenders Act. The Bench observed that the statutory requirement for invoking the provision was satisfied because none of the offences for which the appellant was convicted carried punishment exceeding two years.
The Court accordingly confirmed the conviction but substituted the sentence with release after due admonition. Importantly, it also clarified that in terms of Section 12 of the Probation of Offenders Act, the conviction would not create any service disqualification for the appellant.
The Bench further commuted the earlier sentence of six months’ imprisonment and related fines into a consolidated fine of ₹5 lakh, directing that the amount be paid as compensation to the family members of the deceased. The Court ordered the Registry to release the amount along with accrued interest to the deceased’s family within four weeks after submission of bank account details.
Case Details
Case Title: Mahadevanna D.M. Versus State Of Karnataka & Anr.
Citation: JURISHOUR-1297-SC-2026
Case No.: SLP (Criminal) No. 4563 of 2022
Date: 18/05/2026
