- 1 - HC-KAR NC: 2025:KHC-D:12009 CRL.P No. 103124 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103124 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. LAKOPATI HANAMANTAPPA HOSAPETI, AGE. 45 YEARS, OCC, AGRICULTURE, R/O. KERUR VILLAGE, TQ. BADAMI, DIST. BAGALKOTE. … PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY KERUR POLICE STATION, REP/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SMT. SIDDALINGAVVA W/O RANGAPPA NANDYAL, AGE. 40 YEARS, OCC. LABOURER, R/O. NARENUR VILLAGE, TQ. BADAMI, DIST. BAGALKOT-587 201. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SANTOSH B. MANE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ORDER DATED 21.12.2023 IN C.C. NO.1068/2023 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC BADAMI SITTING AT ITINERARY COURT KERUR, THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE UNDER SECTION 304(A) OF IPC AND SECTION 3A OF CHILD LABOUR (PROHIBITION AND REGULATION) AMENDMENT ACT-2016 AND SECTION 79 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT-2015, IN CRIME NO.100/2023 REGISTERED AT KERUR POLICE STATION, HAS PRESENTED THE PRESENT PETITION AND ALLOW THE ABOVE CRIMINAL PETITION, 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:12009 CRL.P No. 103124 of 2024 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in C.C. No.1068 of 2023 pending before the Court of Additional Civil Judge and JMFC, Badami, sitting itinerary at Kerur arising out of Crime No.100/2023 registered by Kerur Police Station, Bagalkote for offences punishable under Section 304A of IPC, Section 3A of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 and Section 79 of Juvenile Justice (Care and Protection of Children) Act, 2015, is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid case against him. 2. Heard learned counsel for the parties. 3. FIR in the present case was registered against accused No.1 – Mallappa Bharamappa Pujar initially for offence punishable under Section 304A of IPC based on the first information dated 30.06.2023 received from respondent No.2, who is the mother of deceased Ramesh. - 3 - HC-KAR NC: 2025:KHC-D:12009 CRL.P No. 103124 of 2024 In the first information, it is submitted that accused No.1 Mallappa without taking any precautionary measures was indulged in stone crushing activities and a stone which flew from the stone crushing machine had hit the head of first informant's son Ramesh and as a result, he had suffered grievous injuries and was immediately shifted to Kumareshwara Hospital at Bagalkote. Subsequently, he had died in the hospital at about 09.00 p.m. on 29.06.2023. It is under these circumstances, FIR was registered against accused No.1 – Mallappa Bharamappa initially for offence punishable under Section 304A of IPC. After completing investigation, charge sheet has been filed against two persons and petitioner is arrayed as accused No.2 in the charge sheet. 4. In the charge sheet, it is alleged that petitioner is the erstwhile owner of the property bearing Survey No.39/5 in which, accused No.1 was carrying on the activities of crushing stones. Petitioner had sold the aforesaid property bearing Survey No.39/5 along with the stone crushing - 4 - HC-KAR NC: 2025:KHC-D:12009 CRL.P No. 103124 of 2024 machine to accused No.1 on 06.04.2021, knowing well that accused No.1 had no license for carrying crushing activities. It is under these circumstances, petitioner is arraigned as accused No.2 in the charge sheet. 5. Undisputedly, the alleged incident had taken place on 29.06.2023 and much before that the petitioner had sold the land bearing Sy.No.39/5 in which the crushing activities were carried on by accused No.1. After the purchase of the aforesaid land along with the crushing machine under a registered sale deed dated 06.04.2021, accused No.1 was carrying on the stone crushing activities in the aforesaid land for a period of more than two years and it is only on 29.06.2023, the alleged incident had taken place. The petitioner therefore cannot be vicariously held liable for the alleged act that had taken place on 29.06.2023. Petitioner was neither present near the spot of the crime, nor he was the owner of the aforesaid land or the crushing machine, which he has undisputedly sold to accused No.1 under a registered sale deed dated - 5 - HC-KAR NC: 2025:KHC-D:12009 CRL.P No. 103124 of 2024 06.04.2021. The concerned officers have allowed accused No.1 to carry on the crushing activities in the aforesaid land after he had purchased the land and crushing machine from the petitioner under a registered sale deed dated 06.04.2021 for a period of more than two years. 6. Therefore, I do not find any justification in prosecuting the petitioner for the alleged offence, which had taken place on 29.06.2023 in the land sold by him under a registered sale deed sold to the accused No.1 on 06.04.2021. If the impugned proceedings are allowed to continue as against the petitioner, the same would amount to abuse of process of law. Accordingly, the following: ORDER Criminal petition is allowed. The entire proceedings in C.C. No.1068 of 2023 pending before the Court of Additional Civil Judge and JMFC, Badami, sitting at itinerary Court, Kerur arising out of Crime No.100/2023 registered by Kerur Police Station, Bagalkote for offences punishable - 6 - HC-KAR NC: 2025:KHC-D:12009 CRL.P No. 103124 of 2024 under Section 304A of IPC, Section 3A of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 and Section 79 of Juvenile Justice (Care and Protection of Children) Act, 2015 against the petitioner is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK, RSH CT:BCK LIST NO.: 1 SL NO.: 33