Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010535912026 NC: 2026:KHC:49137 CRL.P No. 11770 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 11770 OF 2026 BETWEEN:
NAGARAJU. I. D.
S/O IRAPPA, AGED ABOUT 29 YEARS, R/AT BETAGERI, GOKAK TALUK, BELGAUM DIST-591233. …PETITIONER (BY SRI M SHASHIDHARA, ADVOCATE) AND:
STATE OF KARNATAKA BY TIPTUR TOWN PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI NAGHARISH, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS IN RESPECT OF THE PETITIONER (ACCUSED NO.2) IN C.C.NO.452/2025 ORIGINATED FROM CR.NO.224/2024 OF THE RESPONDENT TIPTUR TOWN POLICE FOR THE OFFENCE P/U/S 281,125(a),125(b) OF BNS AND SEC.181 OF INDIAN MOTOR VEHICLES ACT WHICH IS PENDING BEFORE THE HONBLE SENIOR CIVIL JUDGE AND J.M.F.C AT TIPTUR.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by PRAMILA G V Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010535912026 NC: 2026:KHC:49137 CRL.P No. 11770 of 2026
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
2.
Learned counsel for the petitioner would submit that the petitioner is the complainant in a case involving accident of two motor vehicles. It is submitted that a charge sheet is filed against the complainant as well as another accused in C.C. No.452/2025.
3. It is submitted by the learned counsel for the petitioner that in view of the law laid down by the Co-ordinate Bench of this Court in V.N.S. Prabhakar Rao @ Suri Babu Vs. The State of Karnataka1, this Court has held that a complaint of this nature in the nature, where there is a case and a counter case there cannot be a single charge sheet against two persons.
1 Crl. P. No.200728/2014
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HC-KAR
CNR: KAHC010535912026 NC: 2026:KHC:49137 CRL.P No. 11770 of 2026
4. Learned High Court Government Pleader does not dispute the proposition of law laid down in the aforementioned case.
5. The Court has held that the charge sheet has to be different against the two persons involved in the accident in case both of them are accused of negligence.
6. The Court has considered the contentions raised at the Bar and perused the records.
7. From the charge sheet it is apparent that charge sheet is filed against the petitioner who is the complainant as well as another person who was allegedly driving another vehicle. In view of the law laid down by the Co-ordinate Bench of this Court in V.N.S. Prabhakar Rao (supra), the charge sheet is quashed with the liberty to the Investigating Agency to file a separate charge sheet, if there are materials.
8. Hence, the following:
ORDER (i) The Criminal Petition is allowed.
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HC-KAR
CNR: KAHC010535912026 NC: 2026:KHC:49137 CRL.P No. 11770 of 2026
(ii) The proceeding in C.C. No.452/2025 pending before the JMFC, Tiptur is quashed. (iii) It is made clear that this Court has not expressed anything on the negligence aspect of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE
CHS List No.: 1 Sl No.: 68