- 1 - NC: 2025:KHC-D:78 CRL.P No. 103004 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103004 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: SIDDAPPA RAMAPPA RABAKAVI, AGE: 32 YEARS, OCC: COOLIE, R/O: KALOLLI, TAL: MUDALAGI, DIST: BELAGAVI-590 012. … PETITIONER (BY SRI. VITTHAL S TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY GOKAK TOWN POLICE STATION, GOKAK, DIST: BELAGAVI, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 002. 2. RAJU JYOTEPPA GANDOLI, AGE: 47 YEARS, OCC: POLICE OFFICER, R/O: KHB COLONY, GOKAK, DIST: BELAGAVI-591 203. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 09.11.2021 AND ALL FURTHER PROCEEDING IN CC NO.3101/2021 (GOKAK TOWN P S CR. NO.79/2021) PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC-GOKAK FOR OFFENCES UNDER SECTION 279, 338 OF IPC AND SECTION 3 R/W SEC 181 OF MOTOR VEHICLE ACT 1988 IN SO FAR AS PETITIONER/ACCUSED, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.09 12:51:12 +0530 - 2 - NC: 2025:KHC-D:78 CRL.P No. 103004 of 2022 CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned Additional Government Advocate is directed to take notice for the respondent No.1-State. 2. The petitioner, who is facing charges for offences punishable under Sections 279 and 338 of the Indian Penal Code (IPC) and Section 181 of the Motor Vehicles Act, 1988, has approached this Court seeking relief. 3. The petitioner contends that there is no corroborative material to establish that the complainant sustained grievous injuries due to his alleged rash and negligent riding. It is further submitted that the report of the Motor Vehicle Inspector indicates that no damage was caused to the vehicle ridden by the petitioner, which is alleged to have been involved in the road accident. This, according to the petitioner, casts doubt on the claim that the accident occurred solely due to his rash and negligent riding. 4. Whether the petitioner has been falsely implicated or not is a matter to be adjudicated by the Trial Court during the - 3 - NC: 2025:KHC-D:78 CRL.P No. 103004 of 2022 course of trial. Such issues require appreciation of evidence, which cannot be undertaken by this Court at this stage. Conclusion 5. In view of the above, the petition is disposed of, reserving liberty to the petitioner to raise all grounds available to him in accordance with law before the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK List No.: 1 Sl No.: 95