- 1 - HC-KAR NC: 2025:KHC:30430 CRL.P No. 9367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9367 OF 2025 BETWEEN: SRI RAVIKUMAR N BIN NAGAMALLAPPA N.P AGED ABOUT 37 YEARS R/AT NAGANAPURA VILLAGE HULLAHALLI HOBLI NANJANGUD TALUK MYSORE - 571 314. …PETITIONER (BY SRI H.V. BHANU PRAKASH, ADV.) AND: 1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER HULLAHALLI POLICE STATION NANJANGUDU TOWN CIRCLE MYSORE - 571 314. 2. SRI KRISHNA E.M. S/O MARAIAH AGED ABOUT 26 YEARS R/AT EEREGOWDANAHUNDI VILLAGE NANJANGUD TALUK,MYSORE - 571 301. 3. ANAGHA HOSPITAL UNIT OF MYSORE SPECIALTY HOSPITAL PVT LTD., NEW SAYYAJI RAO ROAD FORT MOHALLA, MYSURU KARNATAKA - 570 004, REPRESENTED BY ITS MEDICAL OFFICER/RECORD OFFICER. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30430 CRL.P No. 9367 of 2025 4. K.R. HOSPITAL NEAR RAILWAY STATION SAYYAJI RAO ROAD, MYSURU - 570 004 REPRESENTED BY ITS MEDICAL OFFICER/RECORD OFFICER. 5. JSS HOSPITAL MAHATHMA GANDHI ROAD GUN HOUSE, AGRAHARA MYSURU, KARNATAKA - 570 004 REPRESENTED BY ITS MEDICAL OFFICER/RECORD OFFICER. …RESPONDENTS (BY SRI ANOOP KUMAR, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED BY THE HULLA HALLI POLICE IN THEIR CRIME NO.132/2023 AND CHARGESHEET FILED BY THE HULLA HALLI POLICE IN CC.NO.1006/2024 FOR AN OFFENCE P/U/S. 279, 337 OF IPC R/W SEC. 187 OF MV ACT BEFORE THE PRL.CIVIL JUDGE (JR.DN.) AND JMFC COURT, NANJANGUD, MYSURU DISTRICT, AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner is seeking quashing of the proceedings pending in C.C.No.1006/2024 for the offence punishable under Sections 279, 337 of IPC read with Section 187 of MV Act on the file of the Principal Civil - 3 - HC-KAR NC: 2025:KHC:30430 CRL.P No. 9367 of 2025 Judge (Jr. Dn) and JMFC Court, Nanjangud, Mysuru District. 2. The prosecution case, in brief, is that on 12.08.2023, when one Krishna E.M. along with Appu V.V. was riding a scooter bearing registration No.KA-09- JM-0871 from Odeyanpura towards Thondvadi Factory, the petitioner herein, who is alleged to have been driving a tractor in a rash and negligent manner, is said to have dashed the said scooter, thereby causing an accident which resulted in grievous injuries to both rider as well as pillion rider. On the basis of a complaint lodged by the informant, a case came to be registered in Crime No.132/2023. Upon completion of investigation, the Investigating Officer filed the charge sheet, and the matter is presently pending consideration in C.C.No.1006/2024 before the jurisdictional Court. 3. The petitioner’s primary contention is that the tractor in question was never involved in the accident. According to him, the Investigating Officer, in collusion - 4 - HC-KAR NC: 2025:KHC:30430 CRL.P No. 9367 of 2025 with the complainant, has falsely implicated the driver of the tractor. He places reliance on the MLC (Medico-Legal Case) records, which, according to him, clearly disclose that the injured riders had stated that they were hit by a four-wheeler and not by a tractor. On the strength of these contemporaneous records, it is urged that the tractor was, in fact, stationary by the roadside at the relevant point of time and was not in any way connected with the occurrence of the accident. 4. Having considered the submissions and the grounds urged in the petition, this Court is of the view that the defence so projected by the accused cannot be adjudicated in proceedings under Section 482 of the Code of Criminal Procedure. The settled position of law is that the extraordinary jurisdiction under Section 482 Cr.P.C can be invoked to quash criminal proceedings only in cases where, even if the allegations made in the complaint and the charge sheet are accepted at their face value, they do not disclose the commission of any offence or where the - 5 - HC-KAR NC: 2025:KHC:30430 CRL.P No. 9367 of 2025 possibility of conviction is so remote that continuation of the proceedings would amount to an abuse of the process of law. 5. In the present case, the allegations in the charge sheet, if taken at face value, do make out the ingredients of the offences alleged. The plea of the petitioner that the tractor was never involved in the accident, and that the injuries were caused due to collision with some other vehicle, is a matter of defence, which can be tested only during trial. It is open to the petitioner to lead rebuttal evidence in support of his plea. However, it is clarified that the initial burden lies on the prosecution to prove, beyond reasonable doubt, the involvement of the petitioner and the tractor in the alleged incident. In view of the above, this Court finds no merit in the petition. Accordingly, the petition stands dismissed. - 6 - HC-KAR NC: 2025:KHC:30430 CRL.P No. 9367 of 2025 All rival contentions are kept open to be urged before the trial Court. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 5