- 1 - HC-KAR NC: 2025:KHC:22395 CRL.P No. 6098 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6098 OF 2024 BETWEEN: MR. DINESH M, S/O MALLEGOWDA, AGED ABOUT 38 YEARS, NO.215, 2nd CROSS, VBHC LAYOUT, RAJARAJESHWARINAGAR, BENGALURU - 560 098. …PETITIONER (BY SRI. P. PRASANNA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY JNANABHARATHI POLICE, REPRESENTED SPP, HIGH COURT, BENGALURU - 560 001. 2. SMT. PAPANNA, W/O MANHESHAPPA, AGED ABOUT 31 YEARS, NO. 51, MANGANAHALLI SULIKERE POST, YASHVANTHPURA HOBLI, BENGALURU NORTH TALUK BENGALURU - 560 060. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22395 CRL.P No. 6098 of 2024 THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CHARGE SHEET VIDE ANNEXURE-C AND ENTIRE PROCEEDINGS AGAINST THE PETITIONER C.C.NO.22675/2022 ON THE FILE OF 31ST ACMM, BENGLAURU FOR THE ALLEGED OFFENCE P/US/ 285, 427 AND 304A OF IPC. 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, petitioner seeks the following reliefs: "a) Quash the charge sheet vide Annexure-C and entire proceedings against the Petitioner C.C.No.22675/2022 on the file of the 31st ACMM, Bengaluru, for the alleged offences under Sections 285, 427 & 304A of Indian Penal Code. b) Pass such other order, relief as deemed fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard the learned counsel appearing for the petitioner and learned HCGP appearing for respondent No.1 and perused the material on record. Respondent No.2 having been served with notice of this petition, has chosen to remain unrepresented and has not contested the petition. - 3 - HC-KAR NC: 2025:KHC:22395 CRL.P No. 6098 of 2024 3. A perusal of the material on record would indicate that on 31.01.2022, the petitioner was deputed as an Assistant Electrical Engineer to the Anjananagar works & Execution Depot-1, Kengeri Division, Sub-Division K-4, Bengaluru. Pursuant to the complaint given by respondent No.2, the first respondent-police authorities registered an FIR in Crime No.95/2022 against the BESCOM officers, without naming the petitioner specifically. Subsequently, petitioner and three others were arraigned as accused Nos.1 to 4 in the charge sheet which is presently pending before the trial court in C.C.No.22675/2022 for the alleged offences punishable under Sections 285, 427, 304-A of IPC. In this context, it is relevant to state that as per the allegations made in the complaint, FIR, charge sheet materials, statement of witnesses and documents etc., the injuries caused to the respondent No.2 were on account of blasting of transformer installed at the road side said to have been maintained by the petitioner and other BESCOM officials, resulting in the demise of two persons as could be seen from the post mortem report. - 4 - HC-KAR NC: 2025:KHC:22395 CRL.P No. 6098 of 2024 4. In this context, the Central Power Research Institute (CPRI) submitted a Test Report (Annexure-F) which clearly indicates that it is the accused Nos.2 to 4 who were responsible/liable for alleged offence and the petitioner may be exonerated from the said offence. 5. It is also pertinent to note that the petitioner had joined the said post only around one week prior to the alleged incident and consequently, the incident which resulted in fire and electrocution cannot be said to have been caused by the petitioner and he cannot be said to be responsible for the maintenance of the Transformer, having joined the said depot only a week prior to the incident. It is also relevant to state that a perusal of the charge sheet material, complaint, FIR documents and statement of witnesses also do not establish that the petitioner was involved in the commission of the aforesaid offence. 6. Under these circumstances, I am of the view that the continuation of impugned proceedings qua the petitioner- accused No.1 would amount to abuse of process of law - 5 - HC-KAR NC: 2025:KHC:22395 CRL.P No. 6098 of 2024 warranting interference in the present petition which deserves to be allowed. 7. In the result, I pass the following: ORDER (i) Petition is hereby allowed; (ii) The charge sheet and the entire proceedings in C.C.No.22675/2022 arising out of FIR in Crime No.95/2022 registered by the 1st respondent – Police, pending on the file 31st ACMM, Bengaluru, for the offences punishable under Sections 285, 427 & 304(A) of IPC, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE YN List No.: 1 Sl No.: 1 CT: BHK