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2025 DAILYLAW 21295 (KAR)

LOKESH M v. THE STATE OF KARNATAKA

CRL.P/3949/2025 · 2025-06-18

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21005 CRL.P No. 3949 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.3949 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. LOKESH M. W/O LATE C. MALLAIAH AGED ABOUT 50 YEARS R/AT NO.74/5, CHAMALAPURA STREE NANJANGUD (RURAL) MYSORE DISTRICT-571 301. …PETITIONER (BY SRI. SAMPATH KUMAR A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY BEGUR POLICE STATION CHAMARAJANAGAR DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01. 2. KIRAN B.R. S/O RAMU AGED ABOUT 28 YEARS ASSISTANT LINEMAN BEGUR SUB DIVISION BANCHAHALLIHUNDI VILLAGE NANJANGUD TALUK MYSORE -571 301. …RESPONDENTS (BY SRI NAGESHWARAPPA K., HCGP FOR R.1; NOTICE TO R.2 IS SERVED AND UNREPRESENTED) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21005 CRL.P No. 3949 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CRIME NO.18/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 125(a) OF BNS REGISTERED BY BEGUR POLICE, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., GUNDLUPET, CHAMARAJANAGAR IN SO FAR AS THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. 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, the petitioner has sought for the following relief: "WHEREFORE the petitioner in the above petition most humbly prays that this Hon'ble Court may be pleased to quash the FIR in crime No.18/2025 for the offence punishable U/S 125(a) of BNS registered by Begur police, pending on the file of Addl civil judge (Jr dn) and JMFC, Gundlupet, Chamarajanagar in so far as the petitioner, in the interest of justice and equity." 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 having been served with notice of this - 3 - HC-KAR NC: 2025:KHC:21005 CRL.P No. 3949 of 2025 petition has chosen to remain unrepresented and has not contested the petition. 3. A perusal of the material on record will indicate that respondent No.2/defacto-complainant is the Assistant Lineman of BESCOM, Begur Sub-Division, Banchahallihundi Village, Nanjangud Taluk, Mysore, where accused No.1-Ramachandra is also an employee working as an overseer who works under the Junior Engineer of BESCOM. On 23.02.2025, respondent No.2- lineman filed a complaint against accused No.1, also employed in BESCOM as well as petitioner/accused No.2 for the alleged offences punishable under Sections 125(a) of the Bharatiya Nayaya Sanhita, 2023 i.e. causing hurt and endangering life by an act of negligence on the part of the petitioner/accused No.2 and accused No.1. In this context, it is relevant to state that the complaint given by respondent No.2 will indicate that insofar as the petitioner, who is undisputedly not an employee or an official of BESCOM is concerned, necessary ingredients constituting offences under Section 125(a) of the BNS, 2023 are conspicuously absent and consequently, in the light of the vague and omnibus allegations made against the petitioner in the complaint which are - 4 - HC-KAR NC: 2025:KHC:21005 CRL.P No. 3949 of 2025 primarily directed only against accused No.1 who was also an official of BESCOM, I am of the considered opinion that the impugned FIR and complaint do not disclose commission of offence by petitioner/accused No.2 and consequently impugned proceedings deserve to be quashed. In the result, the following: ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in FIR in Crime No.18/2025 of Begur Police Station, Chamarajanagara, pending on the file of Addl. Civil Judge (Jr.Dn.) and JMFC, Gundlupet, Chamarajanagar District, qua the petitioner, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE PGG List No.: 1 Sl No.: 48