- 1 - NC: 2025:KHC-D:2338 CRL.P No. 101203 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101203 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. NOBERT S/O FRANCIS MENEZES AGE ABOUT 58 YEARS, OCC: BUSINESS, R/O: SARASWATI NAGAR, GANESHPURA, BELAGAVI, DIST: BELAGAVI, PIN-590 008. 2. RAJENDRA S/O LAXMAN SHET, AGE ABOUT 48 YEARS, OCC: BUSINESS, R/O: GANESHGUDI, JOIDA TALUKA, DISTRICT: UTTAR KANNADA-581 186. 3. SHYAMSUNDAR S/O KRISHNA NAIK, AGED ABOUT 53 YEARS, OCC: BUSINESS, R/O: BABRUVADA, ANKOLA TALUK, DISTRICT: UTTAR KANNADA-581 314. … PETITIONERS (BY SRI. SANDEEP K. PHATKURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH RAMANAGAR POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. SHRI. SANJEEVKUMAR S/O MAHADEV KAMBALE, AGED ABOUT 48 YEARS, OCC: TAHASHILDAR, R/O: TALUKA MAGISTRATE OFFICE, JOIDA, UTTAR KANNADA-581 186. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; R2-SERVED) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:46 +0530 - 2 - NC: 2025:KHC-D:2338 CRL.P No. 101203 of 2023 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER NOS.1 TO 3/ACCUSED NOS.1 TO 3, IN C.C.NO. 2151/2022 PENDING BEFORE THE CIVIL JUDGE AND J.M.F.C. COURT DANDELI, UTTARA KANNADA, ARISING OUT OF RAMANAGAR, PS CRIME NO.31/2022, FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC. 280 AND 336 OF IPC. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for offences punishable under Sections 280 and 336 of the Indian Penal Code, 1860 (IPC), have approached this Court seeking relief. 2. The prosecution alleges that accused No.1 is operating White Water Resorts and, in collaboration with Flying Capture Adventure, is conducting water adventure activities in the Kali River near Ganeshgudi. It is further alleged that the petitioners routinely overloaded boats beyond their capacity for water adventure sports. On 14.04.2022 and 28.04.2022, a boat operated by the petitioners allegedly capsized while carrying passengers beyond its capacity, though the tourists narrowly escaped without harm. The prosecution also contends that the petitioners are conducting water adventure sports in the Kali River without obtaining the necessary license from the competent authority. On 18.05.2022, the complainant, along with police personnel, conducted a raid on - 3 - NC: 2025:KHC-D:2338 CRL.P No. 101203 of 2023 White Water Resorts and seized a rafting boat and other safety equipment. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1 – State. 4. A perusal of the charge sheet material indicates that there is no substantive evidence to establish that on 14.04.2022, the petitioners were conducting water adventure sports, that a boat capsized, or that passengers narrowly escaped. Other than oral allegations, there is no corroborative material to substantiate these claims. 5. The prosecution further alleges that the petitioners are operating water adventure sports in the Kali River near Ganeshgudi without obtaining a license from the competent authority. However, this allegation does not satisfy the essential elements necessary to constitute an offence under Sections 280 and 336 of IPC. Section 280 IPC states that whoever navigates any vessel in a manner so rash or negligent as to endanger human life or is likely to cause hurt or injury to any person shall be punished with imprisonment. 6. In the present case, there is no material produced along with the charge sheet to substantiate that the petitioners navigated a boat in such a rash or negligent manner that it endangered human life or caused hurt or injury to any person. Therefore, in the absence of any substantive evidence supporting the allegations against the petitioners, the continuation of criminal - 4 - NC: 2025:KHC-D:2338 CRL.P No. 101203 of 2023 proceedings solely on the ground that the petitioners are operating water adventure sports without a license would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.2151/2022 pending on the file of the Civil Judge & JMFC, Dandeli, insofar as it relates to petitioners/accused Nos.1 to 3, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK List No.: 1 Sl No.: 56