Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 32536 (KAR)

SRI. JAYAPPA. B v. STATE OF KARNATAKA

CRL.P/9886/2023 · 2025-02-07

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5899 CRL.P No. 9886 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9886 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. JAYAPPA. B S/O LATE SRI BASAVALINGAPPA, AGED ABOUT 45 YEARS, OCCUPATION DRIVER, R/O MATHIGHATTA VILLLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT, CHITRADURGA DISTRICT 573126 …PETITIONER (BY SRI. P.NEHRU, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHITRAHALLI GATE POLICE STASTION, HOLALKERE TALUK, CHITRADURGA DISTRICT CHITRADURGA DISTRICT 573126 (REP BY THE LEARNED SPP) HIGH COURT OF KARNATAKA, BENGALURU - 01 2. SRI S. R. MARUTHI, S/O SRI RUDRAPPA, AGED ABOUT 46 YEARS, R/O CHIKKAJAJUR VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT CHITRADURGA DIST 573126 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 SRI R. SHASHIDHARA FOR R2) Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5899 CRL.P No. 9886 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.1590/2022 ON THE FILE OF THE HON’BLE ADDITIONAL CIVIL JUDGE AND JMFC HOLALKERE IN PURSUANT TO THE CHARGE SHEET AS PER ANNEXURE - C AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE UNDER SECTION 283, 337, 338 OF IPC 1860 AND CONSEQUENTLY QUASH ALL THE SUBSEQUENTLY PROCEEDINGS THEREIN. 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 seeks the following reliefs: “WHEREFORE, the petitioner herein, most respectfully pray that this Hon’ble Court may kindly be pleased to quash the proceedings in C.C.No.1590/2022 on the file of the Hon’ble Additional Civil Judge and JMFC, Holalkere, in pursuant to the Charge Sheet as per Annexure-C, against the Petitioner for the alleged offences under Section 283, 337, 338 of the IPC, 1860 and consequently quash all the subsequent proceedings therein and such other order or orders as this Hon’ble Court deems fit to grant in the circumstances of the case in the interest of justice.” - 3 - NC: 2025:KHC:5899 CRL.P No. 9886 of 2023 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2 – complainant filed the instant complaint, which is registered as FIR in Crime No.16/2022 inter alia alleging that on 19.02.2022, he and 13 other persons were injured on account of rash and negligent driving of the petitioner, thereby committing offences under Sections 283, 337 and 338 of IPC. However, the material on record comprising of the complaint, FIR, charge sheet, statement of witnesses, documents etc., are sufficient to come to the conclusion that the petitioner cannot be said to be guilty of the offences alleged against him and consequently, continuation of the proceedings would amount of abuse of process of law and the same deserves to be quashed. 4. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in C.C.No.1590/2022, arising out of Crime - 4 - NC: 2025:KHC:5899 CRL.P No. 9886 of 2023 No.16/2022 registered by respondent No.1-Police, pending on the file of the Additional Civil Judge and JMFC, Holalkere, in so far as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 23