- 1 - HC-KAR NC: 2025:KHC-D:10889 CRL.P No. 103166 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103166 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: NAGAPPA KANNAPPA ADDI, AGE. 60 YEARS, OCC. COOLIE, R/O. SALIGERI ONI, RANEBENNUR, TQ. HAVERI, DIST. HAVERI-581 115. … PETITIONER (BY SRI. G.N. NARASAMMANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY THE HALAGERI POLICE STATION, TQ. HAVERI, DIST. HAVERI, R/BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, PIN-580 011. 2. KARIYAPPA NAGAPPA ADDI, AGE. 40 YEARS, OCC. COOLIE, R/O. KURUBAGERI SALIGERI ONI, RANEBENNUR, TQ. HAVERI, DIST. HAVERI, PIN-581115 … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO CALL FOR RECORDS IN C.C NO.1182/2025 PENDING ON THE FILE O 1ST ADDL. SENIOR CIVIL JUDGE J.M.F.C. COURT RANEBENNUR AND ALLOW THIS PETITION AND QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN C.C. NO.1182/2025 (CRIME NO.193/2024 HALAGERI P.S.) PENDING ON THE FILE OF 1ST ADDL. SENIOR CIVIL JUDGE J.M.F.C. COURT RANEBENNUR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 281, 125(A), 125(B) OF B.N.S. AND SECTION 3(1) R/W 181, 146 R/W 196 OF MV ACT CMC RULE 115 R/W 190(2) OF MV ACT, BY ALLOWING THIS CRIMINAL PETITION IN SO FOR AS PETITIONER/A2 IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10889 CRL.P No. 103166 of 2025 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C.No.1182/2025 pending before the Court of I Additional Civil Judge and JMFC, Ranebennur arising out of Crime No.193/2024 registered by Halageri Police Station, Haveri district for offences punishable under Sections 281, 125(A) and 125(B) of BNS 2023, Section 3(1) read with Sections 181, 146 read with Section 196 of the Motor Vehicles Act and Rule 115 read with Section 190(2) of Motor Vehicles Act. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that in the first information there is no allegation against the petitioner who is now arrayed as accused No.2 in the charge sheet. Accident was caused solely as a result of rash and - 3 - HC-KAR NC: 2025:KHC-D:10889 CRL.P No. 103166 of 2025 negligent driving of accused No.1 who was driving his motorcycle bearing registration No.KA-27/EN-7759. Accused No.1 has already pleaded guilty before the trial Court. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP has opposed the petition. She submits that the injured and the other eyewitnesses to the accident in question have clearly stated that the accident had taken place because of the contributory negligence of the rider of both the motorbikes, therefore there is no merit in the petition. 5. Perusal of the material on record would go to show that the first informant, who is the son of the petitioner, is not an eyewitness to the accident in question that had taken place on 14.09.2024. In the first information filed on 15.09.2024 at about 11.30 hours it is stated that on 14.09.2024 at about 13.00 hours, the petitioner herein, who is the father of the first informant was riding his motorbike bearing registration No.KA-27/L-6340. Accused - 4 - HC-KAR NC: 2025:KHC-D:10889 CRL.P No. 103166 of 2025 No.1 who was riding the motorbike bearing registration No.KA-27/EN-7759 in which Nagappa s/o Kannappa was a pillion rider, had dashed his motorbike against the motorbike of the petitioner and had caused the accident in question. 6. Undisputedly, the petitioner herein, the rider and the pillion rider of the motorbike bearing registration No.KA- 27/EN-7759 have suffered injuries in the accident in question. The injured victims and the other eyewitnesses to the accident in question have clearly stated that the accident in question had taken place as a result of rash and negligent riding of the aforesaid two motorbikes by accused Nos.1 and 2. It is under these circumstances, charge sheet has been filed against accused Nos.1 and 2 alleging contributory negligence against both of them. Merely for the reason that accused No.1 has admitted his guilt to the extent allegations are found against him in the charge sheet, the same cannot be a ground to entertain this - 5 - HC-KAR NC: 2025:KHC-D:10889 CRL.P No. 103166 of 2025 petition. Therefore I do not find any good ground to entertain this petition. Accordingly, petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 58