- 1 - NC: 2025:KHC:12170 CRL.P No. 2527 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2527 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. KRISHNAMURTHY A.N, AGED ABOUT 47 YEARS, S/O. SRI ADINARAYANAPPA, RESIDING AT NO.10, RUDRAPPA LAYOUT, NEAR KARI MARIYAMMA TEMPLE, IMMADAHALLI, BANGALORE NORTH, BANGALORE - 560 066. …PETITIONER (BY SRI. PRASANNA KUMAR B.T, ADVOCATE) AND: 1. STATE OF KARNATAKA BY TUMKURU TRAFFIC WEST POLICE STATION, STATION HOUSE OFFICER, TUMAKURU TOWN, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. S. KUMARA NAIK, S/O. SRI. SHIVAMURTHY, R/AT. YALLAMMANAGARA VILLAGE, THOLAHUNASE POST, DAVANAGERE TALUK AND DISTRICT. …RESPONDENTS (BY SRI. RAJATH SUBRAMANYA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12170 CRL.P No. 2527 of 2022 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED BY THE TUMKUR TRAFFIC POLICE IN CRIME / FIR NO.55/2014 ON THE FILE OF LEARNED 2ND ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT TUMAKUR IN C.C.NO.5781/2014 FOR THE OFFENCE P/U/S 180 OF INDIAN MOTOR VEHICLE ACT (UNDER SEC. 279, 337, 338, 304-A OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. A case in Crime No.55/2014 was registered by the Tumkur Traffic Police Station against the driver of Indica car bearing Reg.No.KA-53-B-4430 for offences punishable under Section 279, 337, 338 and 304A of IPC, in relation to an accident which took place on 22.05.2014 on NH4 road, near Jaganathapura Cross, Tumkur. It is alleged that, in the said accident the driver of the car by - 3 - NC: 2025:KHC:12170 CRL.P No. 2527 of 2022 name Prashanth and another died and two more persons sustained injuries. 3. While filing charge sheet, petitioner has been arraigned as accused No.2 on the ground that he being the registered owner of the car, entrusted the car to a person who was not holding a license. 4. In the charge sheet Sections 180 and 181 of the Motor Vehicles Act, 1988, are invoked against the petitioner for allowing an unauthorised person to drive the vehicle in contravention of Section 3 and 4 of the said Act. 5. It is contended by the learned counsel for petitioner that no material is placed by the prosecution while filing the charge sheet to show that, it was the petitioner who entrusted the vehicle to the deceased, who caused the accident and the Police without holding proper enquiry has erroneously filed charge sheet against the petitioner. - 4 - NC: 2025:KHC:12170 CRL.P No. 2527 of 2022 6. Admittedly, accused No.1/driver of the car has succumbed to the injuries. Therefore, case against him has been abated. Petitioner is arraigned as accused No.2 invoking Sections 180 and 181 of the Motor Vehicles Act, 1988. Unless it is shown that the driver of the car was not holding a license, Sections 180 and 181 of the Motor Vehicles Act, 1988, cannot be invoked. As the person who caused the accident, himself being the deceased, continuation of proceedings against the petitioner is an abuse of process of the Court. 7. For the aforementioned reasons, the petition deserves to be allowed. Hence, the following: ORDER i. Petition is allowed. ii. The charge sheet filed in Crime No.55/2014 of Tumkur Traffic Police Station in CC.No.5781/2014 on the file of Court of II Additional Civil Judge (J.D) and J.M.F.C, - 5 - NC: 2025:KHC:12170 CRL.P No. 2527 of 2022 Tumkur, against the petitioner/accused No.2 is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 2 CT: BHK