- 1 - HC-KAR CNR: KAHC010233412023 NC: 2026:KHC:52704 CRL.P No. 3876 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3876 OF 2023 BETWEEN: 1. SRI K.B. NAVEETH S/O BALAKRISHNA S AGED ABOUT 33 YEARS NOW R/AT C/O DOMPA MULYA DHEERAJ NILAYA NEAR KAKURA HOSTEL CHOKKA BETTU, SURATKAL MANGALURU D K DISTRICT - 575 011 PREMANENT RESIDENT OF NO.4-106/1 KADANKA MANE, DODDATHOTI POST SULYA TALUK, MANGALURU D K DISTRICT - 574 239. 2. SRI RAJENDRA KALBAVI S/O LATE ANANTHA PADMANABHA RAO AGED ABOUT 33 YEARS R/AT PADMA NIVASA KOTTUR, MANGALURU D.K. DISTRICT - 583 134. …PETITIONERS (BY SRI RAJASHEKAR S, ADV.) AND: 1. STATE OF KARNATAKA MANGALURUR EAST POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE - 560 001. 2. SRI NAGESH S/O RAMAIAH POOJARI AGED ABOUT 42 YEARS R/AT ESHWRA KATTE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010233412023 NC: 2026:KHC:52704 CRL.P No. 3876 of 2023 KAAYARAANE, MOODU PERAARA BAJPE KALKAMBA MANGALURU CITY - 574 142. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE PROCEEDINGS IN INITIATED AGAINST THEM IN C.C.NO.170/2023 PENDING ON THE FILE OF THE JMFC (VI COURT) AT MANGALURU, D.K. DISTRICT, REGISTERED FOR THE OFFENCE P/U/S 304A OF IPC, 1860, BY ALLOWING THIS PETITION AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HONORABLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.2 & 3 are before this Court in this petition filed under Section 482 of Cr.PC with a prayer to quash the entire proceedings in C.C.No.170/2023 pending before the Court of JMFC-VI, Mangaluru, arising out of Crime No.63/2022 registered by Mangalore East Police Station, Mangaluru City, for the offences 304-A of IPC. 2. Heard the learned Counsel for the parties. 3. Heard the learned Counsel for the petitioner and the learned HCGP for respondent no.1-State. Respondent no.2 who - 3 - HC-KAR CNR: KAHC010233412023 NC: 2026:KHC:52704 CRL.P No. 3876 of 2023 is served in the matter, has remained unrepresented before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioners are held vicariously liable for the negligence of accused no.1. He submits that petitioners are Engineer and Executive Officer of Nirmithi Kendra which had given the work contract to Shree Bhagavathi Engineering Work, of which accused no.1 is the Proprietor. He submits that necessary documents in support of the said contention is already produced before the Court. He, accordingly prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition, submits that petitioners herein were overlooking the work which was ongoing in the site and they were required to provide all precautionary measures in the site. Therefore, their prayer is liable to be rejected. 6. A reading of the first information as well as the charge sheet filed in the present case would reveal that accused no.1 is a Proprietor of Bhagavathi Engineering Works. Under the - 4 - HC-KAR CNR: KAHC010233412023 NC: 2026:KHC:52704 CRL.P No. 3876 of 2023 work order dated 17.01.2022, the work of construction of sheet roof of training barrack and toilet block of Kadri Fire Station, Mangaluru, was given by Dakshina Kannada Nirmithi Kendra to the aforesaid Bhagavathi Engineering Works. Pursuant to the said work order, the contractor had commenced work in the site and on 19.07.2022, one Deepak who was the employee of accused no.1 - Praveen, allegedly lost balance while he was doing the fabrication work on the roof and fell down. Since he had come in contract with the interlock fixed on the ground, he had suffered injuries on his head and as a result, he had died in the hospital while undergoing treatment. It is under these circumstances, petitioners who were working as Engineer and Executive Officer of Nirmithi Kendra, Dakshina Kannada District, are also arrayed as accused nos.2 & 3 in the present case. 7. A reading of the charge sheet would reveal that petitioners are virtually being held vicariously liable for the negligence of accused no.1 who had failed to provide basic precautionary measures in the site where the work was under progress. The documents made available to this Court would - 5 - HC-KAR CNR: KAHC010233412023 NC: 2026:KHC:52704 CRL.P No. 3876 of 2023 reveal that accused no.1 was given the contract of fabrication work and the labour was required to be supplied by him. Under the circumstances, I am of the opinion that petitioners' cannot be prosecuted for the alleged offences based on the material that is available on record. Therefore, the impugned proceedings if allowed to continue would amount to abuse of process of law. Accordingly, the following order: 8. Petition is allowed. The entire proceedings in C.C.No.170/2023 pending before the Court of JMFC-VI, Mangaluru, arising out of Crime No.63/2022 registered by Mangalore East Police Station, Mangaluru City, for the offences 304-A of IPC, stands quashed as against the petitioners herein. Sd/- (S VISHWAJITH SHETTY) JUDGE KK