- 1 - NC: 2025:KHC:8064 CRL.P No. 2216 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 2216 OF 2022 BETWEEN: M. RAJANNA, S/O LATE DODDAMARIGOWDA, AGED ABOUT 63 YEARS, R/AT NO.28, 2ND CROSS, 100 FEET RING ROAD, 10TH MAIN ROAD, GURURAJA LAYOUT, PADMANABHANAGAR 7TH BLOCK, BANASHANKARI III STAGE, BENGALURU SOUTH, BENGALURU - 560 085 …PETITIONER (BY SRI. NAVEEN CHANDRA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BELAKAVADI POLICE, REPRESENTED BY PUBLIC PROSECUTOR /GOVT. ADVOCATE 2. KRISHNA, S/O LATE SUBRAMANYA AGED ABOUT 40 YEARS, R/O DOMBARADDDI VILLAGE, KANAKAPURA TALUK - 562 112, RAMANAGARA DISTRICT. 3. SMT. SUNDRAMMA, W/O LATE KALAIAH, AGED ABOUT 33 YEARS, R/O DOMBARADODDI VILLAGE, HONNIGANAHALLI POST, SAHANURU HOBLI, KANAKAPURA TALUK - 562 112. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8064 CRL.P No. 2216 of 2022 RAMANAGARA DISTRICT. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 R2 & 3 - SD - U/R) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST HIM IN C.C.NO.19/2021 PENDING ON THE FILE OF THE HONBLE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, MANDYA UPON A CHARGE SHEET FILED BY THE RESPONDENT FOR ALLEGEDLY COMMITTING OFFENCE P/U/S.304-A R/W SEC.34 OF IPC. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being accused No.2 is seeking to quash the criminal proceedings initiated against him in Crime No.47/2020 of Belakavadi Police Station now pending in C.C.No.19/2021 on the file of the learned Senior Civil Judge and JMFC, Malavalli, Mandya, for the offence punishable under Section 304-A of Indian Penal Code (for short, 'IPC'). 2. The brief facts of the case are that, respondent No.2 being the informant lodged the first information against accused Nos.1 to 4 and on the basis of same, the FIR in Crime No.47/2020 of Belakavadi Police Station came to be registered - 3 - NC: 2025:KHC:8064 CRL.P No. 2216 of 2022 for the aforesaid offence. It is the contention of informant that she is the daughter of the deceased-Kalaiah, who was the owner-cum-driver of the Tractor bearing Reg.No.KA-42/T-7231. It is stated on 27.04.2020, the deceased had taken the tractor to plough the land belonging to one Doddasiddaiah, who had leased the said land in favour of the petitioner. The petitioner had taken the electricity connection illegally to connect the bore-well and the live electric wire was lying on the ground. The deceased came in contact with the live electric wire, as a result, he died due to electrocution. Therefore, the informant filed the first information and requested the police to register a case and to take legal action against accused Nos.1 to 4. After investigation, the charge sheet came to be filed. In the meantime, the petitioner is before this Court seeking to quash the criminal proceedings against him. 3. Heard Sri Naveen Chandra N., learned counsel for the petitioner and Smt.Rashmi Patel, learned High Court Government Pleader for respondent No.1. Respondent No.2 is served, but unrepresented. Perused the materials on record. - 4 - NC: 2025:KHC:8064 CRL.P No. 2216 of 2022 4. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Negative' for the following: REASONS 5. It is the contention of the learned counsel for the petitioner that admittedly, the owner of the land in question is accused No.1. The petitioner has nothing to do with the said land, and he never took it on lease, therefore the petitioner is entitled to get the relief as prayed. However, he brought to the notice of the Court the statement of one of the witnesses recorded by the Investigating Officer. The witness by name Venkataswamy s/o Venkataiah is a Deed Writer at Malavalli, who has given the statement before the Investigating Officer that, accused No.1 was the owner of the land and accused No.2 had approached him to lease the land in his favour for a period of 5 years for Rs.20,000/-. A Lease Deed was drafted by him - 5 - NC: 2025:KHC:8064 CRL.P No. 2216 of 2022 at the instance of accused Nos.1 and 2. D.M.Ramanna of Dabbahalli, Naveenkumar of Chandahalli village and one Babu were the signatories to the said Lease Deed. He further stated that he also signed the document as a Scribe and affixed it with the rubber stamp. The statements of the witnesses namely, D.H.Ramanna and Naveenkumar were also recorded by the Investigating Officer. Under these circumstances, it cannot be said that there are no materials to connect the petitioner to the alleged offence as contended by the learned counsel for the petitioner. Merely because, the Lease Deed is not produced before the Court, the same cannot be a ground to disbelieve the version of the prosecution. It is for the prosecution to prove the same before the Trial Court. It is a not a fit case to quash the criminal proceedings. Hence, I answer the above point in the 'negative' and proceed to pass the following: ORDER The Criminal petition is dismissed. Sd/- (M G UMA) JUDGE MKM List No.: 1 Sl No.: 15