- 1 - NC: 2025:KHC:5715 CRL.P No. 11599 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 11599 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: K. JAYESH NAIR @ JAYAS S/O. K. P. D. NAIR, AGED ABOUT 47 YEARS, RESIDING AT NO. 204, 2ND H MAIN, NEAR PARK, KASTHURINAGAR, KALYANAGAR, BANGALORE-560 043. …PETITIONER (BY SRI. HITESHGOWDA B.J. AND SRI. ADITYA D., ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY MADIWALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SHRIDHAR P S/O. SIDDA REDDY AGED ABOUT 32 YEARS, R/AT. NO.13, MTV BUILDING, KODICHIKKANAHALLI, BANGALORE-560068. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 IN CC.NO.8651/2016, PENDING ON THE FILE OF CJM COURT AT BENGALURU (CMM), FOR THE OFFENCES P/U/S 338 OF IPC, ON THE FIR REGISTERED BY MADIWALA P.S., IN CR.NO.238/2015. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:55 +0530 - 2 - NC: 2025:KHC:5715 CRL.P No. 11599 of 2024 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The learned High Court Government Pleader accepts notice for the respondent No.1. 2. Service of notice to the respondent No.2 is dispensed with. 3. The petitioner has been charge sheeted for the offence punishable under Section 338 of IPC alleging that when CW1 was working in M/s.Page Industries Limited, and on 7.7.2014, CW1 was forcibly made to work or the terrace of the lift house, at that point of time, he fell down and sustained injuries. The said accident occurred due to the rash and negligence act of the petitioners and other accused. The cognizance taken by the learned Magistrate for the offence is impugned in this petition. 4. The other accused had approached this Court in Crl.P No.637/2018. This Court vide order dated 2.2.2023 quashed the proceedings by observing as follows: “5. In order to constitute an offence punishable under Section 338 of IPC, the accused should have caused the grievous hurt either rashly or negligently, so as to endanger human life or personal safety of others. But, in the instant case, there is no allegation that the petitioners- accused person’s rash and negligent act resulted in C.W.1 sustaining injuries due to the fall from the building on which he was working. 6. Even otherwise, CW1 has filed an application under Section 22 of the Workmen’s Compensation Act claiming to award just and proper compensation for having sustained injuries during the course of employment.” - 3 - NC: 2025:KHC:5715 CRL.P No. 11599 of 2024 5. In view of the decision, the continuation of the criminal proceedings against the petitioner – accused No.1 will be an abuse of process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.8651/2016 pending on the file of the learned CJM Court at Bengaluru (CMM) insofar as it relates to the petitioner – accused No.1 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE Bkm CT:VH List No.: 19 Sl No.: 6