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2025 DAILYLAW 33489 (KAR)

SRI GOWTHAM H J v. STATE OF KARNATAKA

CRL.P/10626/2024 · 2025-03-06

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC:9642 CRL.P No. 10626 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10626 OF 2024 BETWEEN: SRI. GOWTHAM H.J., S/O. JAGADEESH H.S., AGED ABOUT 26 YEARS, R/AT HEMMADI VILLAGE, GOWDAHALLI POST, GONIBEEDU HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU DIST 577 132 …PETITIONER (BY SRI. SATISH R GIRJI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ALDUR PS, CHIKKAMAGALURU DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560 001. 2. JAYAPPA H S/O LATE LAKKAIAH, AGED ABOUT 55 YEARS, KSRTC BUS DRIVER, BADGE NO. 16986, IN KSRTC BUS REG. NO. KA 21- F 0131 DHARMASTHALA KSRTC Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9642 CRL.P No. 10626 of 2024 BUS DEPOT, D.K. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNNS) OF CR.P.C PRAYING TO QUASH THE ENTIRE C.C.NO.452/2024 P/US/ 279 OF CRPC PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, CHIKKAMAGALURU IN SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned High Court Government Pleader (HCGP) appears for the respondent-State. 2. The petitioner contends that, despite the absence of any complaint during the investigation attributing contributory negligence to him, he has been arrayed as Accused No.2 for offences punishable under Sections 279 and 337 of the Indian Penal Code (IPC). The determination of whether the petitioner negligently contributed to the accident is a matter for the trial court to assess. - 3 - NC: 2025:KHC:9642 CRL.P No. 10626 of 2024 3. It is, therefore, expedient to dispose of this petition by directing the Principal Civil Judge (Junior Division) and Judicial Magistrate First Class (JMFC) Court, Chikkamagaluru, to conclude the trial in C.C.No.452/2024 (arising from Crime No.21/2024) within six months from the next date of hearing. 4. All pending interlocutory applications are dismissed as they do not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 36 CT:SNN