- 1 - NC: 2025:KHC-D:5209 CRL.P No. 103867 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 103867 OF 2024 BETWEEN: SHRI. SHIVARAJ S/O. CHANNAMALLIKARJUN BELLAKKI, AGE: 39 YEARS, OCC: ADVOCATE, R/O: M. B. NAGAR, KOPPADKERI, DHARWAD – 580 001. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH DHARWAD RURAL POLICE STATION, DHARWAD, BY ITS STATION HOUSE OFFICER, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 001. …RESPONDENT (BY SRI. RAMESH B. CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO ALLOW THE PETITION AND QUASH THE IMPUGNED PROCEEDINGS IN C.C.NO.2389/2024, PENDING ON THE FILE OF THE 4TH ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DHARWAD, INSOFAR AS THE PETITIONER/ACCUSED NO.3 IS CONCERNED FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 279 OF THE INDIAN PENAL CODE, 1860 AND SECTION 146 READ WITH 196 OF IMV ACT. PAS ANY SUCH OTHER ORDER(S) AS THIS HON’BLE COURT MAY DEEM FIT ON THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5209 CRL.P No. 103867 of 2024 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The first informant is arrayed as accused and the accused in FIR is arrayed as witness in the charge sheet. 2. The petitioner after finishing his work was returning in his car bearing No.KA-25/MB-9423 along with his colleague by name Basirhamad (CW.3), on 07.03.2024 at about 4:10 PM on Puna-Bangaluru road and they were proceeding towards Dharwad. When the petitioner was near Airtech at that time, two cars which were in front of his car were suddenly stopped and they are KA-02/MJ- 8775 and KA-22/MD-3325 without giving any signal and therefore, his car dashed to the car bearing No.KA-22/MD- 3325 and no person came to be injured in the said accident. The petitioner as prudent and law abiding citizen has filed the first information before the Dharwad Rural Police Station and the said first information came to be - 3 - NC: 2025:KHC-D:5209 CRL.P No. 103867 of 2024 registered in Crime No.70/2024 of Dharwad Rural Police Station for offence punishable under Section 279 of IPC. The driver of the car bearing No.KA-22/MD-3325 by name Tukaram Mohan Revankar has been arrayed as accused No.1 and the driver of the car bearing No.KA-02/MJ-8775 has been arrayed as accused No.2 in the FIR. The Police after investigation has filed chargesheet against the petitioner arraying him as accused No.3 for the offence punishable under Section 279 of IPC and against accused No.2 for the offence punishable under Section 279 of IPC and Section 146 r/w Section 196 of MV Act. Accused No.1 in the FIR has been shown as chargesheet witness No.4. Based on the said chargesheet, the learned Magistrate has taken cognizance and registered CC No.2389/2024 pending on the file of IV Additional Senior Civil Judge and JMFC Dharwad. The proceedings of the said criminal case are sought to be quashed by the petitioner who has been arrayed as accused No.3 in the chargesheet. - 4 - NC: 2025:KHC-D:5209 CRL.P No. 103867 of 2024 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent-State. 4. The learned counsel for the petitioner would contend that the entire chargesheet material does not indicate that the petitioner was driving his car in a rash and negligent manner and his rash and negligent driving resulted in accident causing damage to the car of CW.4 (accused No.1 in FIR). The chargesheet is based on the statement of two witnesses namely Tukaram (CW.4) who is the accused No.1 in FIR and another witness Basirhamad (CW.3) who is colleague of the accused No.3, who was the inmate of the car driven by the petitioner. The car of CW.4 was in front of the car of the petitioner. The car of accused No.2 was in front of the car of CW.4. Accused No.2 stopped his car bearing No.KA-02/MJ-8775 suddenly without giving any signal and as a result CW.4, by applying the break stopped his car and the petitioner who was coming behind the car of CW.4 has dashed his - 5 - NC: 2025:KHC-D:5209 CRL.P No. 103867 of 2024 car bearing No.KA-25/MB-9423 to the car of CW.4. CW.4 has stated that the petitioner was driving his car from High Court side towards Dharwad in a high speed and lost control and dashed to his car. As the car of the petitioner was coming on backside of the car of CW.4, CW.4 cannot see how the petitioner was driving his car i.e., in a high speed or not. Merely because, the car of the petitioner dashed to the car of CW.4, it cannot be said that the petitioner was driving his car in a high speed and in a rash and negligent manner. CW.4 has not stated that the petitioner was driving his car in a rash and negligent manner and due to the same, the said accident has occurred. 5. CW.3- is the inmate of the car of the petitioner, has stated in his statement that accused No.2 stopped his car bearing No.KA-02/MJ-8775 suddenly without giving any signal and therefore, CW.4 stopped his car bearing No.KA-22/MD-3325 and as a result of sudden stopping of car of CW.4, the petitioner did not able to control his car - 6 - NC: 2025:KHC-D:5209 CRL.P No. 103867 of 2024 and the car of petitioner dashed to the car of CW.4. CW.3- the inmate of the car of the petitioner has not stated that the petitioner was driving his car in a high speed and in a rash and negligent manner. Therefore, the offence alleged against the petitioner under Section 279 of IPC is not attracted. The accused No.2 and CW4, without giving any signal have stopped their respective cars, the car of the petitioner dashed to the car of CW.4. Except some minor damages to the car of CW.4, there is no other injury to any person. On perusal of the entire chargesheet, there is no material/ evidence to attract the offence punishable under Section 279 of IPC against the petitioner. Considering the said aspect, the proceedings initiated against the petitioner is an abuse of process of law. More so, the petitioner as a prudent and law abiding citizen has filed the first information of the accident to the Police. Considering all these aspects, the proceedings initiated against the petitioner are required to be quashed. In the result the following; - 7 - NC: 2025:KHC-D:5209 CRL.P No. 103867 of 2024 ORDER i) The petition is allowed. ii) The proceedings against the petitioner in CC No.2389/2024 pending on the file of IV Additional Senior Civil Judge and JMFC, Dharwad, are quashed in sofar as the petitioner- accused No.3 is concerned. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT-ASC List No.: 1 Sl No.: 10