- 1 - HC-KAR NC: 2025:KHC-D:7512 CRL.P No. 101789 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 101789 OF 2025 BETWEEN: SHRI RAVASAHEB S/O BASAPPA JADHAV AGE: 67 YEARS, OCC: BUSINESS R/O. KHADAKLAT PIRAWADI TQ. CHIKODI DISTRICT BELAGAVI – 591 228. …PETITIONER (BY SRI SHIVRAJ S BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KHADAKALAT POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD – 580 001. 2. SHRI. MOHAN S/O. PERUMAL PILLE AGE: 60, OCC: COOLIE, FABRICATION R/O. LAXMI NAGAR, HOUSE No.1445 GANESHPUR, HINDALAGA TQ. AND DISTRICT BELAGAVI – 590 001. …RESPONDENTS (BY SRI CHIGARI RAMESH BASAVARAJ, AGA FOR R1 R2 IS SERVED) VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7512 CRL.P No. 101789 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF Cr.P.C. (528 OF BNSS), SEEKING TO ALLOW THE PETITIONER AND QUASH THE IMPUGNED PROCEEDINGS INITIATED AGAINST THE PETITIONER / ACCUSED No. 2 IN CC No. 2920/2023 ON THE FILE OF THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC, CHIKODI FOR THE COMMISSION OF THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 288, 337 AND 338 R/W 34 OF INDIAN PENAL CODE, 1860 IN SO FAR AS THE PETITIONER / ACCUSED NO. 2 IS CONCERNED AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR) 1. This petition is filed by petitioner - accused no. 2 under Section 482 of Cr.P.C. praying to quash the proceedings in Crime No. 75/2023 registered for offence punishable under Section 288 and 338 read with Section 34 of IPC pending in CC No. 2920/2023 on the file of II Additional Civil Judge and JMFC, Chikkodi. 2. Respondent No. 2 has filed a complaint against petitioner and his son stating that he and his co-workers were assigned with work of fabrication at poultry farm by - 3 - HC-KAR NC: 2025:KHC-D:7512 CRL.P No. 101789 of 2025 the petitioner and his son situated Peerwadi, Khadakalat village which is owned by the petitioner. It is alleged that the petitioner and his son did not provide them any safety measures to complete the work because of which complainant and another fell from height of 22 feet and sustained injuries. The incident has taken place on 31.05.2023 and complaint has been filed on 20.08.2023. Said complaint has been registered in crime No. 75/2023 of Khadakalat Police Station for offence punishable under Section 288 and 338 read with Section 34 of IPC. The Police after investigation filed charge sheet and now case is pending in CC No. 2920/2023 on the file of II Additional Civil Judge and JMFC, Chikodi. 3. Heard learned counsel for petitioner and learned HCGP for respondent No. 1. Inspite of service of notice, respondent No. 2 has remained absent and unrepresented. 4. Learned counsel for petitioner would contend that in the petition filed by accused No. 1 who is son of this petitioner in Crl.P. No. 102694/2023, the proceedings - 4 - HC-KAR NC: 2025:KHC-D:7512 CRL.P No. 101789 of 2025 in Crime No. 75/2023 of Khadakakat Police Station registered for offence punishable under Sections 288 and 338 read with Section 34 of IPC have been quashed by order dated 21.03.2025. He further submits that the petitioner herein is the father of petitioner in Crl.P. No. 102694/2023 who is similarly placed to that of petitioner in this petition. With this he prayed for quashing of the proceedings against the petitioner. 5. Learned HCGP would contend that any suitable order may be passed. 6. In Crl.P. No. 102694/2023 filed by accused no. 1, this Court has observed thus: “7. Section 288 of Indian Penal Code reads as under: “288. Negligent conduct with respect to pulling down or repairing buildings.-- Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be - 5 - HC-KAR NC: 2025:KHC-D:7512 CRL.P No. 101789 of 2025 punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.” 8. It has to be seen whether any offence is made out under Section 288 in the context of the allegations against the petitioner. In the present case, if the complaint of respondent No.2 is taken to be correct, there is no mention of any fall of any building or any part thereof. What has happened is that the respondent No.2 and another who were doing fabricating work, fell from height and sustained injury. Section 288 of IPC concerns itself with a situation where a person, in pulling down or repairing any building, knowingly or negligently omits to take such order with the building as is sufficient to guard against any probable danger to human life from the fall of that building, or any part thereof. 9. The respondent No. 2 and another who have sustained injury cannot come within the sweep of this Section inasmuch as the petitioner, who has assigned the job of fabricating work to the respondent No.2. Therefore, it cannot be construed that petitioner knowingly or negligently omitted to take such order as is required under Section 288 of - 6 - HC-KAR NC: 2025:KHC-D:7512 CRL.P No. 101789 of 2025 IPC. Accordingly, the ingredients of Section 288 of IPC are not made out in the present case. 10. Section 338 of Indian Penal Code reads as under: “338. Causing grievous hurt by act endangering life or personal safety of others.-Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.” 11. The reading of the said Section would clearly indicate that there must be some act done by the accused and that act must be done so rashly or negligently as to endanger human life or the personal safety of others. The petitioner and his father had merely engaged the services of the respondent No.2 or carrying out fabricating work in their poultry farm. Apart from this, the petitioner did not do any act which would be - 7 - HC-KAR NC: 2025:KHC-D:7512 CRL.P No. 101789 of 2025 regarded as rash or negligent so as to endanger human life. Therefore, the ingredients of Section 338 are not made out even if the statement of the said respondent No.2 is taken to be entirely true and correct. There is no nexus between petitioner and his father engaging the services of respondent No.2 and another injured and injury being caused to them. The petitioner had no hand in fabricating work being carried out by respondent No.2. In these circumstances, the ingredients of Section 288 and 338 are not at all satisfied. Therefore, the proceeding against the petitioner is abuse of process of law. 12. In the result, the following: ORDER i. The petition is allowed. ii. The proceedings in Crime No.75/2023 of Khadakalat Police station registered against the petitioner/ accused No. 1 for offences punishable under Sections 288 and 338 r/w Section 34 of IPC are quashed.” 7. The petitioner herein is the father of accused No. 1 who is also similarly placed to that of accused No. 1 against whom proceedings are quashed. - 8 - HC-KAR NC: 2025:KHC-D:7512 CRL.P No. 101789 of 2025 8. In the result, the following; O R D E R i. Petition is allowed. ii. Proceedings against petitioner - accused No. 2 in C.C. No. 2920/2023 pending on the file of II Additional Civil Judge and JMFC, Chikodi (crime No. 75/2023 of Khadakalat Police Station) are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 19 Sl No.: 39