- 1 - HC-KAR NC: 2025:KHC:52685 CRL.P No. 13931 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13931 OF 2025 BETWEEN: HARISH VENKATESH KULKARNI S/O LATE VENKATESH KULKARNI, AGED ABOUT 52 YEARS, R/AT B-531, BRIGADE SYMPHONY, KRS ROAD, METAGALLI, MYSURU-562 …PETITIONER (BY SRI. VISHWAKSEN R BADAGANDI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHIKKAMAGALURU PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. CHAND PASHA S/O MURTHUZA, AGED ABOUT 51 YEARS, R/AT KALKERE HOSURU, HASAN TALUK, CHIKKAMAGALURU-577 101. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1/STATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52685 CRL.P No. 13931 of 2025 THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.1067/2024 ORIGINATING FROM CRIME NO.175/2024 OF THE RESPONDENT CHIKKAMAGALURU POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279 AND 304(A) OF IPC AND SEC.187 OF INDIAN MOTOR VEHICLES ACT WHICH IS PENDING BEFORE THE I ADDITIONAL CIVIL JUDGE AND JMFC, AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the proceedings in CC No.1067/2024 pending on the file of the Court of I Additional Civil Judge and JMFC, Chikkamagaluru. 2. The above proceedings arise out of Crime No.175/2024 of Chikkamagaluru Rural Police Station registered for the offence punishable under Section 279, 337 of IPC and Section 187 of the Indian Motor Vehicles Act, 1988. 3. The FIR was registered against unknown persons pertaining to an accident, which took place on 19.05.2024 at about 11.00 a.m., near Nayara Petrol Bunk, - 3 - HC-KAR NC: 2025:KHC:52685 CRL.P No. 13931 of 2025 Muguluvalli Village, Chikkamagaluru Taluk. The victim of accident succumbed to the injuries while undergoing treatment in the hospital. Subsequently, the charge sheet came to be filed against the petitioner for the offence punishable under Section 279, 304A IPC and Section 187 of the Indian Motor Vehicles Act, 1988. 4. It is the contention of the learned counsel for petitioner that the petitioner is innocent and is not at all involved in the accident in question, there is no incriminating material collected against the petitioner and he has been falsely implicated in the case. It is further contented that there is some minor damages to the vehicle and considering the seriousness of the accident, the vehicle ought to have sustained major damages. 5. The learned counsel further contended that the registration number of the car was not mentioned in the mahazar and there is no supporting evidence to establish that the petitioner's vehicle was involved in the alleged - 4 - HC-KAR NC: 2025:KHC:52685 CRL.P No. 13931 of 2025 accident and therefore, the entire proceedings pending against the petitioner is an abuse of process of law. 6. Per contra, learned High Court Government Pleader contended that during the course of investigation, the statements of the eyewitnesses namely CW2 and CW5 were recorded and after collecting sufficient materials, the charge sheet was filed. He contended that the grounds urged by the petitioner cannot be considered at this stage and it is a matter of trial. 7. As per FIR, on 19.05.2024 at about 11.00 a.m., when the deceased by name Khaleel Pasha was proceeding on a two wheeler bearing registration No.KA- 46-Q-0684, and when he reached near Nayara Petrol Bunk, Muguluvalli Village, a Santro car bearing registration No.KA-02-P-1932 came from the opposite direction and another vehicle which was coming behind the said santro car, while overtaking, hit against the two wheeler of the deceased, due to which he fell down and sustained injuries to his head and other parts of the body. He was shifted to - 5 - HC-KAR NC: 2025:KHC:52685 CRL.P No. 13931 of 2025 M.G.Hospital, Chikkamagaluru, however, he later succumbed to the injuries sustained by him. 8. As the complainant was unaware of the vehicle which caused the accident, the FIR was registered without furnishing the details of the said vehicle. As could be seen from the FIR, it was a case of hit and run, wherein the driver of the vehicle, without stopping, went ahead. In the course of investigation, the statements of the eye witnesses were recorded. According to the prosecution, the car bearing registration No.KA-9-MG-6312 was involved in the accident, and the petitioner was allegedly driving the said car. 9. The contention of the learned counsel that only minor damages are caused to the vehicle in question and therefore, the said vehicle was not involved in the accident, and that there is no nexus between the accident and the act of the petitioner etc., cannot be accepted at this stage. Chargesheet is filed on completion of investigation based on the material collected. This Court - 6 - HC-KAR NC: 2025:KHC:52685 CRL.P No. 13931 of 2025 cannot conduct a mini trial at this stage, in this petition preferred under Section 482 of Cr.P.C./528 BNSS. 10. The learned counsel has relied on a decision in D.Chandra Sekher Reddy v. State of Andhra Pradesh and others reported in AIR Online 2024 AP 1791 to contend that ‘to bring home the guilt of the accused, the negligence of the accused has to be proved and the direct nexus between his negligence and the death of the victim’ should be established. 11. The above decision is rendered in a case where the allegations against the National Highway Authorities are that, they were negligent in not providing road dividers properly in the middle of the road, at the place of accident and that such negligence resulted in the death of the victim. The said decision is not applicable to the facts of the present case. The petitioner is at liberty to take all contentions before the trial Court. Petition is dismissed. - 7 - HC-KAR NC: 2025:KHC:52685 CRL.P No. 13931 of 2025 I.A.No.1/2025 is disposed of. Observations made in this order shall not influence the trial of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 56