IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 6480 OF 2022 BETWEEN:

1. MOHAMMAD IQBAL, S/O B.K. USMAN, AGED ABOUT 32 YEARS, R/AT RENJADI HOUSE, NITHYANANDANAGAR, BELMA, DERLAKATTE, MANGALURU, D.K. DISTRICT - 575 018.

2. MOHAMMAD FAIZAL S ALIAS FAIZ, S/O MOIDEEN KUNHI, AGED ABOUT 25 YEARS, R/AT NO.3-143, AJJINADKA HOUSE, KOTEKAR, MANGALURU, D.K. DISTRICT - 575 025.

Digitally signed by KAVYA R

3. ALI KUTTY KUNJATHOOR, Location: High Court of AGED ABOUT 71 YEARS Karnataka R/O HUSSAIN BEARY AYSHA MANZIL IRSHAS NAGAR UDYAVAR KUNJAHUR, KASARAGOD, KERALA - 671 323.

…PETITIONERS (BY SRI. RAJASHEKAR S., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA KANKANADY TOWN POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

2. H.S. CYPRY D'SOUZA, D/O SYLVESTER D'SOUZA, AGED ABOUT 48 YEARS, R/AT 3-127/19, PILI KULA CROSS ROAD, K.H.B NEAR COLONY DOORDARSHAN, THIRUVAL, WAMANJOOR, MANGALURU CITY - 575 001.

…RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1;

R2 - SERVED-UNREPRESENTED)

THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.61/2022 REGISTERED BY KANKANADY TOWN POLICE STATION REGISTERED FOR THE OFFENCE P/U/S 304 R/W 34 OF IPC PURSUANT TO THE COMPLAINT DATED 01.06.2022 LODGED BY THE 2ND RESPONDENT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE M G UMA

ORAL ORDER

The petitioners being accused Nos.2, 3 and 5 in Cr.No.61 of 2022 of Kankanady Town Police Station, pending on the file of learned VII JMFC Court, Mangalore City, for the offence punishable under Section 304 read with Section 34 of the Indian Penal Code (for short 'IPC'), are seeking to quash the criminal proceedings initiated against them.

2. Brief facts of the case are that, respondent No.2 as informant filed first information with Kankanady Town Police Station against accused Nos.1 to 5 alleging commission of offence under Section 304 of IPC. It is alleged that accused No.5 is the owner of the site, where the building was being constructed. Accused No.1 being the Electrical and Plumbing Contractor, appointed the deceased to work in the building. While he was working on the 10^th floor of the building, he fell down to 3^rd floor. Since he was not provided with any safety measures including helmet and belt, he sustained fatal injuries. Immediately he was shifted to the hospital where he breathed his last, inspite of giving necessary treatment. Therefore, the informant alleged that accused No.1 being the contractor who had employed the deceased, accused No.2 being incharge of the building and accused Nos.3 and 4 being the supervisor of the site and building respectively and accused No.5 being the owner of the site are responsible for the death of the deceased, and have committed the offence punishable under Section 304 of IPC. Accordingly, the FIR in Cr.No.61/2022 came to be registered. The petitioners being accused Nos.2, 3 and 5 are before this Court seeking to quash the criminal proceedings initiated against them. Since interim order of stay was granted, no investigation was undertaken by the police.

3. Heard Sri. Rajashekar S., learned counsel for the petitioners and Smt. Rashmi Patel, learned High Court Government Pleader for respondent No.1 - State. Perused the materials on record.

4. Learned counsel for the petitioners contended that accused No.5 was the owner of the site. Accused No.1 was appointed by accused No.5 as he was Electrical and Plumbing Contractor, in turn accused No.1 appointed the deceased who was working on the 10^th floor of the building. Unfortunately he slipped and fell down to the 3^rd floor, as a result he sustained injuries. Later, he died in the hospital. Accused No.5 being the owner of the site paid compensation of Rs.1,64,000/- as reported in this Court.

5. Learned counsel contended that accused Nos.2 and

3 being petitioners No.1 and 2 are said to be th