- 1 - NC: 2025:KHC-D:303 CRL.P No. 101462 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101462 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: MAHANTESH BHIMAPPA NAVI, AGE. 48 YEARS, OCC. BARBER, R/O. SHIVAJI NAGAR, DIST. BELAGAVI. 590012. …PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PSHO YAMAKANMARADI POLICE STATION, YAMAKANMARDI, TAL. HUKKERI, DIST. BELAGAVI. 590131. 2. CHANDRAPPA BHIMAPPA NAVI, AGE. 64 YEARS, OCC. RETIRED, R/O. NIDASOSI, TAL. HUKKERI, DIST. BELAGAVI-590131. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. NAVEEN CHATRAD, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE PROCEEDINGS DATED 30.11.2022 IN C.C.NO. 1845/2022 (YAMAKANMARDI CRIME NO.0256/2022) FOR THE OFFENCES P/U/SEC. 338 OF IPC PENDING ON THE FILE OF PRINCIPLE CIVIL JUDGE ND JMFC, HUKKERI (NOW ON THE FILE OF SENIOR CIVIL JUDGE, HUKKERI, I/C CIVIL JUDGE AND JMFC- HUKKERI). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.13 15:17:09 +0530 - 2 - NC: 2025:KHC-D:303 CRL.P No. 101462 of 2023 ORAL ORDER 1. The petitioner, who is sought to be prosecuted for the offence punishable under Section 338 of the Indian Penal Code (for short, ‘IPC’), has approached this Court seeking relief. 2. The case of the prosecution is that while the petitioner was traveling in a Karnataka State Road Transport Corporation (for short, ‘KSRTC’) bus, he sustained grievous injuries while alighting from the bus due to his alleged negligence. 3. Heard the learned counsel for the petitioner, the learned Additional Government Advocate (AGA) for respondent No.1–State, and the learned counsel for respondent No.2. 4. The petitioner’s brother lodged the first information report stating that the petitioner sustained grievous injuries due to the rash and negligent driving of the KSRTC bus driver. However, after investigation, the police submitted a charge sheet alleging that the petitioner was negligent while alighting from the bus, resulting in the grievous injuries. 5. Section 338 of the IPC deals with causing grievous hurt to any person by committing a rash or negligent act that endangers human life or the personal safety of others. The punishment prescribed under this provision is imprisonment of either description for a term that may extend to two years, or a fine which may extend to one thousand rupees, or both. - 3 - NC: 2025:KHC-D:303 CRL.P No. 101462 of 2023 6. In the instant case, there is no allegation that the petitioner caused grievous hurt to any other person while alighting from the bus. On the contrary, the petitioner himself sustained grievous injuries during the incident. Therefore, the essential elements required to constitute an offence under Section 338 of the IPC are not satisfied in this case. 7. Consequently, the continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law. 8. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.1845/2022 pending on the file of the Principal Civil Judge and JMFC, Hukkeri, (now on the file Senior Civil Judge, Hukkeri, I/C Civil Judge and JMFC-Hukkeri), insofar as it relates to the petitioner – accused stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 79