- 1 - NC: 2025:KHC-D:180 CRL.P No. 102510 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102510 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. VISHWANATH HANUMANTAPPA KADEMANI AGED ABOUT 23 YEARS, S/O. SRI. HANUMANTAPPA KADEMANI, RESIDING AT MAGOD VILLAGE, RANEBENNUR TALUK, HAVERI-581115. …PETITIONER (BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HALAGERI POLICE STATION, KUMARAPATNAM CIRCLE, HAVERI-581123, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. 2. SRI. CHANDRASHEKHARAYYA GANGADHARAYYA HIREMATH, AGED ABOUT 44 YEARS, RESIDING AT RANEBENNUR, SRIRAMNAGAR 2ND CROSS, HAVERI-581115. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. PRUTHVIRAJ P. HITTALAMANI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS, 2023 (U/SEC. 482 OF CR.P.C.) SEEKING TO CALL FOR RELEVANT RECORDS AND QUASHING OF THE ENTIRE PROCEEDINGS IN CC NO.117/2024 IN CRIME NO.49/2023 PENDING ON THE FILE OF I ADDL. CIVIL JUDGE (SENIOR DIVISION) AND JMFC COURT, RANEBENNUR, FOR THE OFFENCE P/U/SEC. 279, 338, 337, OF IPC Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:45 +0530 - 2 - NC: 2025:KHC-D:180 CRL.P No. 102510 of 2024 R/W SEC. 3(1), 181, 146, 196 OF THE INDIAN MOTOR VEHICLES ACT, 1988 IN RESPECT OF PETITIONER/ ACCUSED NO.2 ONLY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner–complainant filed a complaint alleging that while he was riding a motorcycle, the driver of a car drove in a rash and negligent manner and collided with his motorcycle, causing the petitioner to fall and sustain bleeding injuries. The police registered an FIR, conducted an investigation, and subsequently filed a charge sheet attributing contributory negligence to the petitioner in causing the accident. 2. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for respondent No.1– State, and the learned counsel for respondent No. 2. 3. Initially, the FIR was filed by the petitioner against the driver of the car, alleging that the accident occurred due to the car driver’s rash and negligent driving, which caused injuries to the petitioner. During the investigation, the police visited the accident spot, conducted a panchanama, and, based on their findings, submitted a charge sheet attributing contributory negligence to the petitioner. 4. The question of whether the negligence is solely attributable to the car driver or whether there is contributory - 3 - NC: 2025:KHC-D:180 CRL.P No. 102510 of 2024 negligence on the part of the petitioner is a matter that requires examination during the trial. This issue cannot be adjudicated at this stage in the petition. Accordingly, I pass the following: ORDER i) The petition stands dismissed reserving liberty to the petitioner to urge all the grounds in a petition before the Trial Court at the time of trial. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:VH List No.: 1 Sl No.: 54