- 1 - NC: 2025:KHC:6561 CRL.P No. 11674 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11674 OF 2024 BETWEEN: SRI. AKASH P.R., S/O N.R. RAMA RAO PESHWE, AGED ABOUT 26 YEARS, RESIDING AT 301, 3RD FLOOR, NO.8, MANME ROYAL LIFE APARTMENTS, ADICHUNCHANGIRI ROAD, KUVEMPUNAGAR, II ND STAGE, MYSORE - 570 023. …PETITIONER (BY SRI. PRITHVEESH M K., ADVOCATE) AND: 1. THE STATE BY V.V.PURAM TRAFFIC POLICE, REPRESENTED BY ITS INSPECTOR OF POLICE, MYSORE - 570 002. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI. SHIVARAMU K.L., S/O LAKKASETTY GOWDA, AGED ABOUT 55 YEARS, RESIDING AT KOTHANA GATTA VILLAGE, CHANNARAYAPATNA TALUK, HASSAN. …RESPONDENTS (BY SRI.THEJESH P., HCGP FOR R1; SRI.PRUTHVEEN PRALHAD KATTIMANI, ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNSS) PRAYING TO QUASH CHARGE SHEET IN C.C.NO.306/2024 Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:6561 CRL.P No. 11674 of 2024 (IN CRIME NO.101/2024) (V.V. PURAM TRAFFIC) FILED BY THE 1ST RESPONDENT-POLICE AGAINST THE PETITIONER (ACCUSED) FOR THE ALLEGED OFFENCES P/U/S 279, 338, 304 OF THE IPC R/W SECTION 185 OF THE MOTOR VEHICLES ACT IN C.C.NO.306/2024 (ANNEXURE-A) AND (b) ALL PROCEEDINGS AGAINST THE PETITIONER HEREIN (ACCUSED) IN C.C.NO.306/2024, BOTH OF WHICH ARE PENDING ON THE FILE OF THE VI ADDL. SENIOR CIVIL JUDGE AND JMFC, MYSURU (ANNEXURE-B). 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 1. In this petition, the petitioner seeks for the following relief: "Quash the charge sheet in C.C.306/2024 (in Crime No.101/2024) (V.V.Puram Traffic) filed by the 1st Respondent - Police against the Petitioner (Accused) for the alleged offences punishable under 279, 338, 304 of the Indian Penal Code r/w Section 185 of the Motor Vehicles Act in C.C.No.306/2024 (Annexure - A) and (b) all proceedings against the Petitioner herein (Accused) in C.C.No.306/2024, both of which are pending on the file of the VI Addl. Senior Civil Judge & JMFC, Mysuru (Annexure - B) to meet the ends of justice." 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2. - 3 - NC: 2025:KHC:6561 CRL.P No. 11674 of 2024 3. In addition to reiterating various contentions urged in the petition and referring to the material on record, the learned counsel for the petitioner invited my attention to the impugned FIR and charge sheet in order to point out that though Section 304A of the IPC was initially invoked as against the petitioner, subsequently in the charge sheet, respondent No.1 – police have invoked Section 304 of IPC, which is not applicable to the facts in the instant case and consequently, the impugned proceedings deserves to be quashed. 4. Per contra, learned counsel for the respondent No.2 as well as learned High Court Government Pleader for respondent No.1 jointly submit that there is no merit in the petition and same is liable to be dismissed. 5. Though several contentions have been urged by both sides in support of their respective claims, including rival contentions as regards applicability of Section 304A of IPC as contended by the petitioner or applicability of Section 304 of IPC as contended by the respondents, the matter in C.C.No.306/2024 before the Sessions Court is posted for framing of charge, at which stage the Sessions Court would be entitled to take a decision as to, whether charges - 4 - NC: 2025:KHC:6561 CRL.P No. 11674 of 2024 under Section 304A of IPC as contended by the petitioner or under Section 304 of IPC as contended by the respondents, would have to be framed, after hearing both sides. Under these circumstances, without expressing any opinion on the merits / demerits of the rival contentions, I deem it appropriate to dispose of this petition directing the Sessions Court to consider the rival contentions of both sides and pass appropriate orders in accordance with law. 6. In the result, I pass the following: ORDER The petition is hereby disposed of. The Sessions Court before whom C.C.No. 306/2024 is pending, is directed to hear the petitioner as well as respondent No.2 and pass appropriate orders as to, whether charge has to be framed under Section 304A of IPC as contended by the petitioner, or under Section 304 of IPC as contended by the respondents, after hearing both sides, within a period of 2 months from the date of receipt of a copy of this order. In the event Sessions Court comes to the conclusion that Section 304A of IPC is applicable and Section 304 of IPC is not applicable, then Sessions Court is directed to transfer the matter to the learned - 5 - NC: 2025:KHC:6561 CRL.P No. 11674 of 2024 Magistrate who shall proceed further and dispose of the proceedings in accordance with law. Further, if Sessions Court comes to the conclusion that Section 304 of IPC is applicable and not Section 304A of IPC, then liberty is reserved in favour of the petitioner to approach this Court by way of another petition under Section 528 of BNSS (Section 482 of Cr.P.C.), subsequently. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. SD/- (S.R.KRISHNA KUMAR) JUDGE RD