- 1 - NC: 2025:KHC-D:1214 CRL.P No. 103862 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103862 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: BASAVANNEYYA HIREMATH S/O. SHIVABASAYYA HIREMATH, AGE. 24 YEARS, OCC. LABOURER, R/O. BHARADI VILLAGE, TQ. HAVERI, DIST. HAVERI-581 110. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA ITS P.S.I HANSABHAVI POLICE STATION, HIREKERUR CIRCLE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. 2. SHIDDALINGAYYA HIREMATH S/O. NAGAYYA HIREMATH, AGE. 41 YEARS, OCC. FARMER, R/O. BHARADI VILLAGE, TQ. HAVERI, DIST. HAVERI. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH ENTIRE PROCEEDINGS AGAINST PETITIONER HEREIN/ACCUSED NO.1 IN CC NO.102/2023 (CRIME NO.53/2022 OF HANSABHAVI PS) FOR OFFENCES PUNISHABLE U/S 287, 338 OF IPC AND SECTION 5, 180 OF INDIAN MOTOR VEHICLE ACT, 1988, PENDING ON THE FILE OF COURT OF PRL.CIVIL JUDGE AND JMFC COURT, HIREKERUR, HAVERI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:16:00 +0530 - 2 - NC: 2025:KHC-D:1214 CRL.P No. 103862 of 2023 ORAL ORDER 1. The petitioner/accused No.1, who has been charge- sheeted for offences punishable under Sections 287 and 338 of the Indian Penal Code (IPC) and Sections 5 and 180 of the Motor Vehicles Act, 1988, is before this Court. 2. The case of the prosecution is that accused No.1 sustained grievous injuries to his right leg while pushing sunflower seeds into a harvesting machine. The injury sustained by him is alleged to be due to the negligence of the owner of the harvesting machinery, i.e., accused No.2, who is also the owner of the vehicle. 3. The petitioner/accused No.1 lodged an FIR stating that he sustained injuries due to the negligence of the driver of the harvesting machinery while pushing sunflower seeds into the machine. However, after investigation, the police submitted a charge sheet concluding that the injuries were caused due to the petitioner’s own negligence and not due to any negligence on the part of the driver. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 5. To constitute an offence under Section 287 of the IPC, there must be evidence that a person acted rashly or negligently in using machinery in a manner that endangered human life or was likely to cause hurt or injury to others. 6. Section 338 of the IPC states that whoever causes grievous hurt to any person by doing any act rashly or negligently so as to endanger human life or the personal safety of others shall be punishable under the said provision. - 3 - NC: 2025:KHC-D:1214 CRL.P No. 103862 of 2023 7. In the present case, the alleged negligence on the part of the petitioner has not resulted in causing grievous hurt to any other person, nor has it endangered human life or the personal safety of others. Therefore, in the absence of the essential elements required to constitute the aforesaid offences, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 8. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned proceedings in C.C.No.102/2023 pending on the file of the Prl.Civil Judge, and JMFC Court Hirekerur, Haveri, insofar it relates to the petitioner-accused No.1 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 3 Sl No.: 1