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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Rafeeq-Ur-Rehman, S/o. Late Mr. Zia-Ur-Rehman – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
M. NAGAPRASANNA, J.
1. Heard the learned counsel Sri. Syed Khaleel Pasha, appearing for the petitioner, Sri.B.N. Jagadeesha, learnead Addl.SPP appearing for the respondents and have perused the material on record.
2. The petitioner is before this Court, seeking the following prayer:
"(a). quash the entire proceedings in SC No.1164/2010 under sections 338, 304 read with 34 of IPC, Which is pending on the file of the LXIX Addl. City Civil and Sessions Judge at Bangalore (CCH-70)
(b) Call for L.C.R
(c) and pass such other and further order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. "
3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.10866/2023 disposed on 28.11.2022, wherein it has held as follows:
" The petitioner is before this Court calling in question the proceedings in S.C.No.1164/2010 (Crime No.69/2010) (C.C.No.22563/2010) on the file of the LXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-70) registered for offences punishable under Sections 338 , 304 read with Section 34 of the IPC.
2. Heard Sri. T. Prakash, learned
To establish criminal liability under IPC Sections 338 and 304, the accused must be proven to have directly caused death or injury without another's intervening negligence.
Criminal liability under IPC for negligence requires direct causation and gross negligence must be established; absence of presence at the incident absolves the petitioner of responsibility.
Point of Law : High Court may exercise the powers under Section 226 of Constitution or the inherent powers under Section 482 of Cr.P.C. to prevent abuse of process of Court or otherwise to secure the....
The High Court can quash FIRs for non-compoundable offences under Section 482 of the CrPC if a settlement is reached and gross negligence is not established, serving the ends of justice.
Liability for negligence in criminal cases requires clear evidence of gross negligence; merely failing to take additional precautions beyond established protocols is insufficient for criminal charges....
(1) Mens rea is essential for a negligent act to be brought in ambit of criminal liability.(2) Negligence in civil law may not be necessarily a negligence in criminal law.
The court established that negligence leading to death can be charged under Section 304A of the IPC, rather than culpable homicide under Section 304 when intent is absent.
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