- 1 - HC-KAR NC: 2025:KHC-D:7601 CRL.P No.103473 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE R.DEVDAS CRIMINAL PETITION NO.103473 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: RAJUGOUDA S/O SIDDARAMGOUDA PATIL AGE. 50 YEARS, OCC. AGRICULTURE, R/O SHIRADHAN VILLAGE, TQ. HUKKERI, DIST. BELAGAVI 591309. - PETITIONER (BY SRI. U.J. HAVALDAR, ADVOCATE FOR SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HUKKERI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD 580001. 2. RAJENDRA S/O SUBBARAO UGRANI AGE. 51 YEARS, OCC. BUSINESS, R/O GHATAPRABHA TOWN, NEAR MRUTYUNJAYA CIRCLE, TQ. GOKAK, DIST. BELAGAVI 590218. 3. SADASHIV S/O SIDDAPPA PATIL AGE. MAJOR, OCC. AGRICULTURE, R/O SHIRADHAN VILLAGE, TQ. HUKKERI, DIST. BELAGAVI 591309. - RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. S.N. BANAKAR, ADVOCATE FOR R2; NOTICE TO R3 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. 1973, PRAYING TO QUASH THE PROCEEDINGS IN C.C. NO.1007/2021 ON THE FILE OF THE CIVIL JUDGE & JMFC, HUKKERI IN SO FAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED FOR THE OFFENCES PUNISHABLE U/SEC. 279, 337 AND 338 OF IPC AND SECS.3, 181, 5 AND 180 OF INDIAN MOTOR VEHICLES ACT & ETC. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.18 10:05:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7601 CRL.P No.103473 of 2022 THIS CRIMINAL PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The petitioner, who according to the complaint lodged by respondent No.2, was a pillion rider of the motorcycle bearing No. KA-49-X-637, is before this Court aggrieved of the criminal proceedings initiated against the petitioner in C.C. No. 1007/2021 on the file of the learned Civil Judge & JMFC, Hukkeri. 2. The facts leading to the complaint are that on 04.08.2021 respondent No.2 lodged a complaint before the first respondent-Hukkeri Police Station alleging that respondent No.3 herein who was riding motorcycle bearing No. KA-49-X-637 in a rash and negligent manner caused an accident hitting the complainant’s brother who was walking by the side of the road between Ghataprabha- Hukkeri. Criminal proceedings were initiated pursuant to the complaint lodged by the second respondent. However the petitioner herein who was a pillion rider and who gave - 3 - HC-KAR NC: 2025:KHC-D:7601 CRL.P No.103473 of 2022 the information to the second respondent regarding the accident was also sought to be arrayed as an accused person, although the petitioner was in fact shown as a victim who suffered injury in the accident. 3. Learned counsel for the petitioner would submit while drawing the attention of this Court to the complaint lodged by the second respondent, that he has clearly stated that about 6.30 in the morning on 04.06.2021 one Malagouda Sidrama Gouda Patil came to the house of the second respondent and informed him that his brother met with an accident in front of J.G.Co. Hospital and he was taken to the said hospital. Immediately thereafter second respondent along with his brother Babu rushed to the hospital and he found the petitioner also in the hospital and when enquired, the petitioner told him that he was riding along with the third respondent herein as a pillion rider and the accident has occurred. Therefore the second respondent made such an allegation against the third respondent for having caused the accident and - 4 - HC-KAR NC: 2025:KHC-D:7601 CRL.P No.103473 of 2022 proceedings were accordingly initiated against the third respondent. However on a subsequent report filed by the I.O. that after investigation he found that the petitioner was riding the motorcycle, the petitioner is sought to arrayed as accused No.1 in the criminal proceedings. 4. Learned counsel submitted that it is very difficult to understand as to how the I.O. could arrive at a conclusion that the petitioner was riding the motorcycle since petitioner does not have a driving licence to drive any vehicle including a motorcycle. On the other hand, the vehicle belongs to the 3rd respondent and he has a valid driving licence. 5. On the previous date of hearing this Court directed the parties to furnish any information regarding the driving licence held by the third respondent and the petitioner herein. Today, learned counsel for the petitioner has filed a memo along with a copy of the driving licence of the - 5 - HC-KAR NC: 2025:KHC-D:7601 CRL.P No.103473 of 2022 third respondent which was issued on 29.11.2019, long before the accident occurred on 04.06.2021. 6. Although the learned counsel for the second respondent vehemently contended that the I.O. has found that the petitioner was riding the motorcycle, this Court is of the considered opinion that such a finding of fact arrived at by the I.O. is baseless. On the contrary, such a finding of fact, if accepted, it is not going to help the claimants in the claim petition before the Motor Accident Claims Tribunal in the matter of obtaining compensation to the victim. 7. When it is clear that the third respondent is the owner of the motorcycle, and that he has a valid driving licence to drive the motorcycle, no useful purpose would be served by accepting the fact sought to be putforth by the I.O. 8. Accordingly, the criminal petition is allowed. Proceedings initiated in C.C. No. 1007/2021 on the file of - 6 - HC-KAR NC: 2025:KHC-D:7601 CRL.P No.103473 of 2022 the learned Civil Judge & JMFC, Hukkeri, as against the petitioner herein as accused No.1, is hereby quashed and set aside. The proceedings regarding respondent No.3 may continue. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 18