- 1 - NC: 2025:KHC-D:7064 WP No. 105336 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR WRIT PETITION NO.105336 OF 2024 (GM-RES) BETWEEN: SMT. SUMA BASAVARAJ HOOLI W/O. LATE BASAVARAJ HOOLI, AGE: 44 YEARS, OCC: HOUSEWIFE, R/O: PLOT NO.55, SREE DANESHWARI NILAYA, CHAITANYA COLONY, NEAR KARIYAMMA TEMPLE, BHAIRIDEVARKOPPA, TQ: HUBBALLI, DIST: DHARWAD – 580 025. …PETITIONER (BY SRI. T. HANUMAREDDY, SMT. RESHMA MADIWALAR AND SRI. ANJANEYA M., ADVOCATES) AND: 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VIKASA SOUDA, AMBEDKAR VEEDI, BENGALURU – 560 001. 2. THE DIRECTOR GENERAL OF POLICE AND IGP, OFFICE OF D.G AND IGP NRUPATHUNGA ROAD, BENGALURU – 560 001. 3. THE SUPERINTENDENT OF POLICE, DHARWAD DISTRICT, DHARWAD – 580 001. 4. THE DY. S.P., DHARWAD DISTRICT, DHARWAD – 580 001. Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7064 WP No. 105336 of 2024 5. THE POLICE INSPECTOR, DHARWAD RURAL POLICE STATION, DHARWAD – 580 001. 6. MOHAMED RAFIQ S/O. MAKBULSAB MULLA, AGE: 27 YEARS, OCC: BUSINESS, R/O: SULLA VILLAGE, TQ: HUBBALLI, DIST: DHARWAD – 580 023. 7. MADIVALEPPA ADIVEPPA ULASHETTY S/O. ADIVEPPA ULASHETTY, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: PYATI ONI, MORABA, TQ: NAVALAGUNDA, DIST: DHARWAD – 582 208. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R5; R6 AND R7 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE CHARGE SHEET IN CC.NO.3708/2023 IN CRIME NO.28/2023 ON THE FILE OF THE LEARNED 4TH ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT DHARWAD, VIDE ANNEXURE-C. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 4 TO HAND OVER THE INVESTIGATION TO AGENCY OR THE POLICE OFFICER NOT BELOW THE RANK OF SUPERINTENDENT OF POLICE. GRANT SUCH OTHER ORDER OR RELIEF AS THIS HON’BLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 3 - NC: 2025:KHC-D:7064 WP No. 105336 of 2024 ORAL ORDER The petition is filed seeking issue of writ of certiorari quashing chargesheet in C.C.No.3708/2023 (Crime No.28/2023 of Dharwad Rural P.S.) on the file of IV Additional Senior Civil Judge and JMFC, Dharwad and direction to respondents No.1 to 4 to hand over the investigation to Police officer not below the rank of Superintendent of Police. 2. Heard learned counsel for petitioner and learned Additional Government Advocate for respondents No.1 to 5. Inspite of service of notice, respondents No.6 and 7 remained absent. 3. Respondent No.7-Madivalappa Adiveppa Ulashetty has filed first information with regard to accident occurred on 20.01.2023 and on that basis, a case has been registered in Crime No.28/2023 of Dharwad Rural P.S. against Mohammad Rafiq S/o Makbulsab Mulla (respondent No.6 herein) for offences punishable under Sections 279, 304-A of IPC. - 4 - NC: 2025:KHC-D:7064 WP No. 105336 of 2024 4. The Police after investigation, filed chargesheet against Basavaraj S/o Veerappa Hooli(deceased in the accident) for offences under Sections 279, 304-A of IPC and Sections 185 and 188 of Motor Vehicles Act, 1988. Based on the said chargesheet, a case has been registered in C.C.No.3708/2023 on the file of IV Additional Senior Civil Judge and JMFC, Dharwad. 5. The petitioner is wife of Basavaraj Hooli who died in the accident. It is the grievance of the petitioner that accident is not occurred on the sole negligence of her husband and same is stated in the first information filed by respondent No.7 and statement of Veeranna Siddappa Mulimani(CW-7) has not been recorded. Affidavit of said Veeranna Siddappa Mulimani has been filed, wherein, he has stated that investigating officer has not enquired him nor recorded his statement. He has also sated that he is eye witness to the accident and he intimating regarding the accident to Madivalappa Adiveppa Ulashetty who has filed first information. - 5 - NC: 2025:KHC-D:7064 WP No. 105336 of 2024 6. On perusal of first information filed by Madivalappa Adiveppa Ulashetty (respondent No.7) herein, it is clear that he filed the first information based on the information given to him by CW.7-Veeranna Mulimani. In first information, it is mentioned that accident is occurred due to the rash and negligent driving of driver of Car bearing No.KA-25/MA-3396. On the basis of the said first information, respondent No.6 has been arraigned as accused in the FIR. Subsequently, respondent No.6 has been arraigned as CW-8 in the chargesheet. CWs.6 to 14 are shown as eye witnesses in the chargesheet. 7. On perusal of statements of CWs.13 and 14, it is clear that there are not eye witnesses. CW.11-Kiran, CW.12-Muttu @ Mrutyunjaya, CW.10-Mujamilal and CW.9- Shrikanth were inmates of the Car driven by CW.8- Mahammad Rafiq (accused in the FIR). In their statement, it is stated that they are friends of CW.8- Mohammad Rafiq(respondent No.6 herein). The investigating officer has got recorded the statement of CW.9-Shrikant, CW.10- - 6 - NC: 2025:KHC-D:7064 WP No. 105336 of 2024 Mujamilla and CW.11-Kiran under Section 164 of Cr.P.C by III Additional Civil Judge and JMFC, Dharwad. The statement of CW.7, even though he is eye witness, has not been got recorded under Section 164 of Cr.P.C. On perusal of first information, it is the CW.7-Veeranna has given information regarding the accident, rash and negligent driving of Mohammad Rafiq –CW.8(respondent No.6). In the said circumstances, the investigating officer ought to have got statement of CW.7-Veeranna recorded under Section 164 of Cr.P.C by the judicial Magistrate. The affidavit filed by CW.7-Veeranna indicates that his statement is not recorded and he has not been enquired into by the Investigating Officer. CW.7-Veeranna in his affidavit has stated that he is eye witness and accident occurred due to the rash and negligent driving of the driver of the Car No.KA-25/MA-3396. Even the investigating officer has not recorded any further statement of CW.1-Madivallappa who has filed first information. CWs.9 to 12 being friends of CW.8- Mohammad Rafiq (respondent No.6 herein) are interested - 7 - NC: 2025:KHC-D:7064 WP No. 105336 of 2024 in CW.8(respondent No.6). Considering these aspects, the petitioner has made out case for quashing chargesheet filed in Crime No.28/2023 of Dharwad Rural P.S. on the file of IV Additional Senior Civil Judge and JMFC, Dharwad in C.C.No.3708/2023 and for further investigation. 8. In the result, the following: ORDER i. The petition is allowed. ii. The chargesheet filed in Crime No.28/2023 of Dharwad Rural P.S. on the file of IV Additional Senior Civil Judge and JMFC, Dharwad in C.C.No.3708/2023 is quashed. iii. Respondent No.4 is directed to conduct further investigation and record statement of CW.7-Veeranna Siddappa Mulimani and CW.6- Shivu and get their statements recorded under Section 164 of Cr.P.C before the judicial Magistrate and thereafter, file final report - 8 - NC: 2025:KHC-D:7064 WP No. 105336 of 2024 within two months from the date of receipt of copy of this order. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM CT-ASC List No.: 1 Sl No.: 52