- 1 - HC-KAR NC: 2025:KHC-D:7360 CRL.P No.102041 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE R.DEVDAS CRIMINAL PETITION NO.102041 OF 2022 (482(CR.PC)/528(BNSS)-) BETWEEN: UDAY GANAPATI ACHARI AGE. 35 YEARS, OCC. CARPENTER, R/O. BANGARMAKKI, JANATA QUARTERS, BE, TQ. BHATKAL, DIST. U.K. 532701. …PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA (KUMTA POLICE STATION, U.K.) R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD-580011. …RESPONDENT (BY SRI. RAMESH B. CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PRESENT PETITIONER WHO IS ARRAYED AS ACCUSED NO.2 IMPUGNED JUDGMENT DATED 24.11.2021 IN CRL.R.P. NO.1/2020 BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA, KARWAR CONFIRMING THE ORDER OF COGNIZANCE DATED 11.12.2019 IN CC NO.187/2019 (KUMTA P.S. CRIME NO.16/2018), FOR THE OFFENCES PUNISHABLE UNDER SECTION 279 AND 304(A) OF IPC, PENDING ON THE FILE OF JMFC COURT, KUMTA, TO MEET THE ENDS OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.10 10:04:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7360 CRL.P No.102041 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This is a strange case where the petitioner who is the complainant is sought to be proceeded against by the learned Principal Civil Judge and JMFC, Kumta in C.C.No.187/2019. 2. The petitioner lodged a FIR stating that on 14.01.2018 when he was proceeding on his motorcycle along with his sister and her child aged 2 years, the accused person who overtook his motorcycle caused the accident and therefore, the petitioner herein sought action against the said person. However, during the cross- examination of the petitioner, he admitted that the accused person who overtook the motorcycle of the petitioner did not take care and as a consequence, a bundle of leaves which he was carrying on his motorcycle fell down and in order to avoid the said bundle of leaves, the petitioner turned his motorcycle and the motorcycle colluded against the motorcycle of the accused person. A - 3 - HC-KAR NC: 2025:KHC-D:7360 CRL.P No.102041 of 2022 question is posed by the learned Judge saying on whose fault the accident occurred? and the petitioner answered that since the bundle of leaves fell down from the motorcycle of the accused person and when he tried to avoid the said bundle of leaves, his motorcycle colluded against the other accidentally. This statement of the petitioner has been considered as a statement that could be held against the petitioner and that he is guilty of the offence. In terms of Section 319 of Cr.P.C., the learned Judge has directed initiation of the proceedings against the petitioner by the impugned order dated 10.12.2019. The petitioner herein was directed to show-cause as to why he should not be impleaded as accused No.2 and on the next date of hearing, the petitioner was directed to execute a personal bond for Rs.50,000/- for his appearance. On the next date of hearing, i.e., on 11.12.2019, the learned Judge held that there is inconsistency in the statement made by the petitioner as P.W.1 and that the petitioner has not denied his culpability in causing the accident. - 4 - HC-KAR NC: 2025:KHC-D:7360 CRL.P No.102041 of 2022 Consequently, learned Judge has directed that there is sufficient material to proceed against the petitioner herein for the offence punishable under Sections 279 and 304(A) of IPC. Pursuant thereto, acting under Section 319 of Cr.P.C. cognizance has been taken against the petitioner and he is directed to be arrayed as accused No.2 in the case. 3. Learned counsel for the petitioner submits that although it is true that Section 319 of Cr.P.C. empowers the learned Judge to proceed against other persons appearing to be guilty of the offence, nevertheless, this is not a case where such an action could be taken. Learned counsel submits that this is a case where a complaint has been lodged by the petitioner that the accused person caused a motorcycle accident and in term of the requirement of law, a complaint has been lodged by the petitioner to enable him to seek compensation under the provisions of the Motor Vehicles Act. Learned counsel would therefore submit that if the learned Judge is of the - 5 - HC-KAR NC: 2025:KHC-D:7360 CRL.P No.102041 of 2022 opinion that the petitioner has admitted that it is for his fault that the accident occurred, then at best the learned Judge may proceed to dismiss the case against accused person. Learned counsel would further submit that aggrieved of the order passed by the learned Principal Civil Judge, the petitioner filed Crl.R.P.No.1/2020 before the Principal District and Sessions Judge, Uttara kannada, Karwar and the learned District and Sessions Judge dismissed the criminal revision petition by order dated 24.11.2021. 4. As rightly submitted, in terms of a requirement of law, the petitioner was required to lodge a complaint with the police giving reasons for occurrence of the accident that would be the basis for the petitioner to raise a claim for compensation in terms of the provisions of the Motor Vehicles Act. 5. It is also noticeable that Constitution Bench of the Hon’ble Apex Court in the case of HARDEEP SINGH VS - 6 - HC-KAR NC: 2025:KHC-D:7360 CRL.P No.102041 of 2022 SATE OF PUNJAB AND OTHERS reported in (2014) 3 SCC 92 held that power under Section 319 of Cr.P.C. is a discretionary and an extraordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence. Only where strong and cogent evidence occurs against a person from the evidence led before the court that such power should be exercised and not in a causal and cavalier manner. It is also held that the test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. 6. Consequently, the criminal petition is allowed. 7. The impugned judgment dated 24.11.2021 passed in Crl.R.P.No.1/2020 by the Principal District and - 7 - HC-KAR NC: 2025:KHC-D:7360 CRL.P No.102041 of 2022 Sessions Judge, Uttara Kannada, Karwar is quashed and set aside. 8. Consequently, the original order dated 11.12.2019 passed in C.C.No.187/2019 by the Principal Civil Judge and JMFC, Kumta is also quashed and set aside. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 13