- 1 - NC: 2025:KHC:4939 WP No. 20107 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20107 OF 2023 (GM-RES) BETWEEN: MR. AKASH S/O NANJAIAH AGED ABOUT 23 YEARS RESIDING AT 1ST BLOCK 2ND STAGE, SAJJEPALYA NAGARBHAVI BANGALORE-560 072 …PETITIONER (BY SRI. UNNIKRISHNAN M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SADASHIVANAGAR POLICE STATION NEW BEL ROAD, SADASHIVANAGAR BANGALORE-560 080 REPRESENTED BY ITS STATION HOUSE OFFICER 2 SRI. BOJARAJU T.B S/O BHEEMARAJ AGED ABOUT 34 YEARS NO.52, 15TH MAIN, 18TH CROSS J.C.NAGAR, KURUBARAHALLI BENGALURU-560 086 …RESPONDENTS (BY SRI. THEJESH P, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DT.22.09.2023) Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:4939 WP No. 20107 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES OF 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C PRAYING TO QUASH THE REGISTRATION OF THE COMPLAINT UNDER SEC. 304 INDIAN PENAL CODE IN CRIME NO. 0066/2023 AND TO QUASH THE FIR IN CRIME 0066/2023 REGISTERED BY THE RESPONDENT POLICE I.E. ANNEXURE-A IN PURSUANCE TO THE COMPLAINT FOR THE OFFENCES UNDER SEC. 304 OF INDIAN PENAL CODE SO FAR AS PETITIONER CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks for following reliefs: a) To quash the registration of the complaint under Section 304 Indian Penal Code in Crime No.0066/2023. b) To quash the FIR in Crime 0066/2023 registered by the Respondent Police (Annexure- A) in pursuance to the complaint for the offences under Section 304 of Indian Penal Code so far as petitioners concerned. c) Order to call for Records in Crime No.0066/2023 pending before the Hon'ble Metropolitan Magistrate Traffic Court-V, Bangalore. - 3 - NC: 2025:KHC:4939 WP No. 20107 of 2023 d) To pass such other orders as may be deemed expedient in the circumstance of the case and in the interest of justice. 2. Heard the learned counsel for the petitioner and learned HCGP for respondent-State and perused the material on record. 3. Learned counsel for the petitioner invited the attention to the impugned FIR in Crime No.0066/2023 dated 07.08.2023 in order to point out that thought the said FIR was filed for the offences punishable under Sections 279, 304(A) and 337 of IPC and under Sections 134 (a & b) and 187 of Indian Motor Vehicles Act, 1988, subsequently in the remand application, the respondent - Prosecution have incorrectly and erroneously sought for permission to investigate further by invoking Section 304 of IPC which is impermissible in law. It is therefore, submitted that the present petition may be disposed of directing the respondent-Police to proceed further pursuant to the impugned FIR and in accordance with law. - 4 - NC: 2025:KHC:4939 WP No. 20107 of 2023 4. Per contra, learned HCGP submits that respondent-Police would proceed further and complete the investigation and file final report in pursuance of the averments made in the complaint and the averments made in the FIR and the provisions invoked in the FIR and in accordance with law. 5. In view of the aforesaid facts and circumstances, the petition stands disposed of directing the respondent-Police to proceed further pursuant to the FIR dated 07.08.2023 and bearing in mind the averments made in the complaint, averments made in the FIR and the provisions invoked in the FIR and in accordance with law. Subject to the aforesaid direction, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS List No.: 1 Sl No.: 40