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Mohammad Hanif Jainum Khalifa v. The State of Karnataka

Criminal Appeal · 2026 INSC 565Decided 27 May 2026
Crl.A. No.-002902-002902 - 2026 (Arising out of SLP (Crl.) No. 573 of 2026)
Justice Prashant Kumar Mishra · Justice N.V. Anjaria

Background

The appellant, a KSRTC bus driver, was convicted by the trial court for causing the death of a passenger, Shobha, who fell from the bus and later died of her injuries while alighting near a temple stop. The prosecution's case, based on eyewitness testimony, was that the appellant moved the bus while she was still getting off. The trial court and the first appellate court upheld the conviction under Sections 279 and 304A IPC; the Karnataka High Court partly allowed a revision, setting aside the separate sentence under Section 279 (applying the doctrine of merger) but maintaining the conviction and six-month sentence under Section 304A.

Decision Breakdown

The Supreme Court held that the evidence showed the driver moved the bus only after the conductor whistled the signal to proceed: a witness on a motorcycle behind the bus corroborated that the bus started moving only upon the conductor's signal, and it was the conductor's responsibility, not the driver's, to ensure passengers had safely disembarked before signalling departure. Applying the settled legal standard that criminal negligence under Section 304A requires a real "deliberation in mind" risking harm, not mere error of judgment, the Court found no rashness or recklessness on the driver's part, since he acted bona fide on the conductor's instruction. It observed the deceased may have slipped due to her own less-careful movement while alighting. Finding that the trial court, appellate court, and High Court had all committed a "concurrent manifest error" in convicting the appellant, the Supreme Court set aside the conviction entirely and acquitted him of both offences, ordering his release if still in custody.

Lesson Learnt

A bus driver who acts on the conductor's signal to move the vehicle cannot automatically be held criminally negligent if a passenger is injured while alighting: criminal negligence under Section 304A IPC requires proof of a real failure of care or deliberate risk-taking, not just an unfortunate accident, and responsibility for passenger safety during boarding/alighting can rest with the conductor rather than the driver.

Official source (sci.gov.in)View Judgment (PDF)

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