- 1 - NC: 2025:KHC:5616 CRL.P NO.2561 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.2561 OF 2023 BETWEEN: 1. RAVI KUMAR M.K. S/O M. KALLESHAPPA AGED ABOUT 50 YEARS, ASSISTANT ENGINEER, BRANCH OFFICE, BESCOM, DAVANAGERE - 577 004. 2. MAHAMED HIDAYITH ULLA S/O MAHAMMED UMMER SAB AGED ABOUT 39 YEARS, MECHANIC GRADE-2, UNIT-I DAVANAGERE SUB-DIVISION, BESCOM, DAVANAGERE - 577 004. …PETITIONERS (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: 1. STATE BY RMC YARD POLICE STATION DAVANAGERE REPRESENTED BY THE S.P.P. HIGH COURT BUILDING, BENGALURU - 560 001. 2. B. STALIN S/O PUTTARAJU AGED ABOUT 62 YEARS, PROPRIETOR, BINNY MECHANICAL ENGINEERING WORKS, 337/24, GANESHA LAYOUT, BEHIND MEDPLUS MEDICAL SHOP, DAVANAGERE - 577 004. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1; R2 - SERVED BUT UNREPRESENTED) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5616 CRL.P NO.2561 OF 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.17/2021 PENDING ON THE FILE OF II JMFC COURT, DAVANAGERE REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 337 OF INDIAN PENAL CODE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek for the following relief: "Quash the entire proceedings in C.C. No.17/2021 pending on the file of the II JMFC. Court, Davanagere registered for the offence punishable under Section 337 of the Indian Penal Code." 2. Heard learned counsel for petitioners and learned HCGP for the respondent No.1 and perused the material on record. Respondent No.2-de-facto complainant having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 3. A perusal of the material on record will indicate that the respondent No.2-de-facto complainant has fled complaint on 29th April, 2020 and F.I.R. came to be registered in Crime No.21/2020 by the RMC Yard Police Station, Davanagere against the petitioner-accused Nos.1 and 2, who are the Assistant Engineer and Mechanic Grade-2 of BESCOM, Davanagere respectively. - 3 - NC: 2025:KHC:5616 CRL.P NO.2561 OF 2023 According to the respondent No.2-de-facto complainant, when he was walking on a road near electric transformer pole at Kiruwadi Mill, Shekarappa Nagara, he was fainted due to electrocution on account of grounding of electric wire. It was contended that when he went to take treatment at C.J. Hospital, the Doctors refused to admit him due to COVID-19 Pandemic restrictions and due to the said accident he suffered injuries and accordingly, sought for criminal action to be taken against the petitioners for the offence punishable under Section 337 of IPC. 4. A perusal of the material on record will also indicate that the petitioners being public servants, it was incumbent upon the respondent No.1 to take necessary sanction as required under Section 197 of the Cr.P.C. Further, the communication dated 04th December, 2020 addressed by the BESCOM to the 1st respondent – Police will indicate that the request for prosecution of the petitioners was expressly refused by the BESCOM. It is therefore clear that the Trial Court erroneously took cognizance for the offence punishable under Section 337 of the IPC as against the petitioners despite the sanction in this regard being expressly refused by the BESCOM Authorities. Under these circumstances, I - 4 - NC: 2025:KHC:5616 CRL.P NO.2561 OF 2023 am of the considered opinion that the impugned proceedings deserve to be quashed. 5. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned / entire proceedings in C.C.No.17/2021 pending on the file of the II JMFC Court, Davanagere, registered for the offence punishable under Section 337 of the IPC arising out of Crime No.21/2020 of RMC Yard Police Station, Davanagere qua the petitioners-accused Nos.1 and 2 are hereby quashed. Sd/- (S.R. KRISHNA KUMAR) JUDGE ARK/SRL List No.: 2 Sl No.: 7