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2025 DAILYLAW 31176 (KAR)

SRI B.S. CHETHAN, v. THE STATE OF KARNATAKA BY

CRL.P/9553/2024 · 2025-03-18

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:11527 CRL.P No. 9553 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 9553 OF 2024 BETWEEN: SRI. B.S. CHETHAN, S/O SHIVASHANAKARAPPA AGE ABOUT 35 YEARS, R/AT BORANAHALLI HARIHARAPURA, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 211. …PETITIONER (BY SRI. RANGANATHAPRASAD B.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HEBBAGODI POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 560 001. 2. SRI. PRAKASH, S/O SHIVARAYAPPA, R/AT MUTHURAYAPPA LAYOUT, BOMMASANDRA, ANEKAL TALUK, BENGALURU DISTRICT. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:11527 CRL.P No. 9553 of 2024 FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT OF HEBBAGODI POLICE STATION, BENGALURU IN C.C.NO.346/2015 (CR.NO.216/2014) FOR THE ALLEGED OFFENCES P/U/S 279, 304(A) OF IPC AND SECTION 187 OF INDIAN MOTOR VEHICLE ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Heard learned counsel for the petitioners, learned HCGP for the State. 2. The petitioner challenges the charge sheet arraigning him as accused for the offence punishable under Section 187 of Indian Motor Vehicle Act, 1988 and Sections 279 and 304(A) of the IPC. 3. The driver of the BMTC Bus involved in the accident was arrested, and the petitioner had offered to act as a surety for the release of the driver. However, the investigating officer, instead of reflecting the name of the driver of the BMTC Bus, erroneously included the name of the petitioner - surety, as an accused in the charge sheet. 4. Therefore, there is a typographical error in arraigning the petitioner as an accused in the said charge sheet. Hence, the - 3 - NC: 2025:KHC:11527 CRL.P No. 9553 of 2024 cognizance taken against the petitioner for the aforementioned offences is without any substance. ORDER i. Accordingly, petition is allowed. The impugned proceedings in C.C.No.346/2015 on the file of Addl. Civil Judge (Jr. Div) and JMFC Court, Anekal, Bangalore Rural District arising out of crime No.216/2014 registered by Hebbagodi Police Station, Bangalore insofar it relates to petitioners are hereby quashed. ii. Liberty is reserved for the investigation officer to carry out necessary corrections in the charge sheet and resubmit it before the trial Court in accordance with law. If such a corrected charge sheet is filed, the trial Court to consider the same and take cognizance in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 7 CT: BHK