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2026 DAILYLAW 40476 (KAR)

MR KUMARA v. THE STATE OF KARNATAKA

CRL.P/2301/2026 · 2026-09-15

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010104572026 NC: 2026:KHC:50178 CRL.P No. 2301 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 2301 OF 2026 BETWEEN: MR KUMARA, S/O PUTTEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT HULIKERE VILLAGE, KADUR TALUK, CHIKKAMAGALURU DISTRICT, KARNATAKA - 577 168. …PETITIONER (BY SRI ASHOKA T,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SAKKARAYAPATNA POLICE STATION, CHIKKAMAGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. 2. SMT. GRECI FERNANDIS, W/O SYMAN MALERIAN FERNANDIS, AGED ABOUT 52 YEARS, RESIDING AT MALLENAHALLI VILLAGE, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 138. …RESPONDENTS (BY SRI M V ANOOP KUMAR, ADDL. SPP FOR R1, SRI N V SRIKANTH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.13/2026 OF SAKKARAYAPATNA P.S., PENDING ON THE Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010104572026 NC: 2026:KHC:50178 CRL.P No. 2301 of 2026 FILE OF II ADDL. CITY CIVIL JUDGE AND JMFC, KADUR, CHIKMAGALURU, AGAINST THE PETITIONER (ACCUSED). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Learned High Court Government Pleader to produce the document relating to the tanker in question. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for respondent No.1. 3. Learned counsel for the petitioner submits that the complaint is filed on 24.01.2026 relating to a road accident. It is alleged that the complainant's husband, who died in the accident was riding a bike which dashed against a tanker that was parked by the side of the road. 4. It is further submitted that the complainant has stated that the said tanker, which was parked on the side of the road, belongs to the petitioner. - 3 - HC-KAR CNR: KAHC010104572026 NC: 2026:KHC:50178 CRL.P No. 2301 of 2026 5. Learned counsel for the petitioner would submit that the said tanker does not belong to the petitioner and the petitioner is totally unconcerned with the said tanker. 6. Learned HCGP would submit that the matter has to be investigated as to whom the tanker belongs to and whether it is properly parked or not. 7. The Court is of the view that the investigation cannot be stalled. 8. However, it is made clear that, in case the petitioner is unconcerned with the tanker and petitioner is not responsible for the parking of the said tanker, there cannot be any prosecution against the petitioner. To whom the tanker belonged to and who parked the tanker are the matters, which require investigation. 9. With these observations the petition is dismissed. 10. It is made clear that the Court has not expressed anything on the merits of the petition or merits of the defence laid by the petitioner. - 4 - HC-KAR CNR: KAHC010104572026 NC: 2026:KHC:50178 CRL.P No. 2301 of 2026 11. All contentions kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 2 Sl No.: 9