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2025 DAILYLAW 39992 (KAR)

SRI PRAKASH v. STATE BY INDIRANAGAR PS

CRL.P/11218/2025 · 2025-09-24

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38564 CRL.P No. 11218 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11218 OF 2025 BETWEEN: 1. SRI. PRAKASH S/O GANGADHAR AGED ABOUT 46 YEARS OFFICE S.M. CONTRACTOR C/O JIO RELIANCE COMPANY NO.51, RMZ ICON PALACE ROAD CROSS VASANTH NAGAR, BANGALORE-560052. …PETITIONER (BY SRI. KENDULI .S.M, ADVOCATE) AND: 1. STATE BY INDIRANAGAR PS REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BENGALURU-500 001. 2. JUNIOR ENGINEER KPCTL TRANSFER ROOT SUBDIVISION, HOODI BANGALORE-560004. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. H.V. DEVARAJ, ADVOCATE FOR R2 [VAKALATH NOT FILED]) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38564 CRL.P No. 11218 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CC.NO.55499/2021, FOR THE OFFENCE P/U/S. 427 R/W 34 OF IPC, R/W SEC.3 OF PDPP ACT, PENDING ON THE FILE OF X ADDL. CMM AT MAYOHALL BENGALURU CITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the Labourer working under the Contractor, who had undertaken underground Optical Fiber Cable (OFC) works for Jio Company. 2. The factual matrix reveals that respondent No.2 – Complainant lodged a complaint alleging that the underground cables laid by the Karnataka Power Transmission Corporation Limited (KPTCL) were substantially damaged during the course of laying cables undertaken by the Jio Company through a private contractor. The present petitioner is alleged to be a mere labourer engaged by the said contractor to execute the work assigned by the Jio Company. On this premise, - 3 - HC-KAR NC: 2025:KHC:38564 CRL.P No. 11218 of 2025 criminal prosecution has been initiated against him for the alleged offences. 3. Learned counsel appearing for the petitioner, while reiterating the grounds urged in the petition, would submit that the Jio Company, being the principal employer, has already made good the damages sustained by KPTCL. It is not in dispute that a sum of Rs.5,33,845/- has been paid as compensation to respondent No.2 – KPTCL, thereby fully satisfying the loss caused on account of the damage. Once the principal employer has compensated respondent No.2 in entirety, fastening criminal liability upon poor labourers, who were merely engaged by a private contractor to undertake manual work, would be wholly unjustified and oppressive. 4. This Court finds considerable force in the said contention. In the present socio-economic context, daily wage labourers who already struggle to secure their livelihood and meet their basic needs should not be - 4 - HC-KAR NC: 2025:KHC:38564 CRL.P No. 11218 of 2025 exposed to the rigours of criminal prosecution in circumstances where they had no independent role or intent to cause damage. Continuation of such proceedings would amount to abuse of the process of law and would result in grave miscarriage of justice. It is in such situations that the inherent jurisdiction under Section 482 of the Code of Criminal Procedure is intended to be exercised to secure the ends of justice. 5. Be that as it may, even if some damage was caused to the KPTCL cables, the nature of the dispute is essentially civil, arising out of contractual or commercial obligations between the statutory authority and the Jio Company. Criminal prosecution against individual labourers cannot be sustained when the matter stands resolved by way of compensation already paid by the principal employer. In light of these facts, and having regard to the settlement of the dispute through payment of compensation, this Court is of the considered view that - 5 - HC-KAR NC: 2025:KHC:38564 CRL.P No. 11218 of 2025 further continuation of proceedings against the petitioner would serve no fruitful purpose. 6. In view of the above discussion, this Court proceeds to pass the following: ORDER (i) The petition is allowed. (ii) The entire proceedings against the petitioner in C.C. No.55499/2021, for the offence punishable under Section 427 read with Section 34 of IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984, pending on the file of the X Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru City, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 10