THE HIGH COURT OF KARNATAKA
S.VISHWAJITH SHETTY
MALLAPPA S/O BHARAMAPPA PUJARI – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 103820/2024
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103820 OF 2024 BETWEEN:
SRI MALLAPPA S/O BHARAMAPPA PUJARI AGE 45 YEARS OCC. AGRICULTURE R/O KERUR VILLAGE TQ. BADAMI, DIST. BAGALKOTE.
…PETITIONER (BY SRI. GUNDE NEELENDRA DHANYAKUMAR,ADVOCATE)
AND:
1. STATE OF KARNATAKA BY KERUR POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD - 580 001.
Digitally signed by NANDINI M S 2. SMT. SIDDALINGAVVA RANGAPPA NANDYAL Location: AGE. 40 YEARS HIGH COURT OCC. LABOURER OF KARNATAKA R/O NARENUR VILLAGE TQ BADAMI, DIST. BAGALKOTE.
…RESPONDENTS (BY SRI HANUMESH M. DESAI, ADV.)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH PRIVATE COMPLAINT, FIR AND CHARGE SHEET AGAINST THE PETITIONER/ACCUSED NO.1 FOR THE OFFENCE PUNISHABLY U/S 304(A) OF IPC AND SECTION 3A OF CHILD LABOUR PROHIBITION AND REGULATION) AMENDMENT ACT, 2016 AND SECTION 79 OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN ACT, 2015 UNDER KERUR P.S. CRIME NO.100/2023 AND WHICH WAS REGISTERED AS CC NO.1068/2023 PENDING BEFORE THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC, BADAMI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.1 is before this Court in this criminal petition filed under Section 528 of BNSS, 2023 read with Section 482 of Cr.PC, with a prayer to quash the entire proceedings in CC No.1068/2023 pending before the Court of Addl. Civil Judge and JMFC, Badami, sitting Itinerary Court at Kerur, arising out of Crime No.100/2023 registered by Kerur Police Station, Bagalkot, for the offences punishable under Section 304(A) of IPC, Section 3A of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 and Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
2. Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled and respondent No.2, the mother of deceased Ramesh Nandyal, has agreed to receive a sum of Rs.6,00,000/- from the petitioner as compensation. They submit that the aforesaid amount of Rs.6,00,000/- has been already paid to respondent No.2 and the parties have filed an application before this Court under Section 528 read with Section 359 of BNSS, 2023, seeking permission of this Court to compound the offences for which the petitioner has been charge sheeted. They submit that application is supported by the affidavit of the parties and accordingly, they pray to allow the petition.
3. Learned HCGP, however, has brought to the notice of this Court that charge sheet has been filed in the present case for non-compoundable offences.
4. It is the case of the prosecution that deceased Ramesh Nandyal, who was working in the stone crusher of the petitioner herein, had met with an accident on 29.06.2023 when he was working near the crushing machine and in the said accident, he had sustained grievous injuries and even though, he was shifted to Hospital, subsequently, he had died in the Hospital while undergoing treatment. It is under these circumstances, FIR in Crime No.100/2023 was registered against the petitioner for the aforesaid offences by Kerur Police Station. After completing investigation, charge sheet is filed against accused Nos.1 and 2. Proceedings as against accused No.2 has been quashed by this Court in Crl.P.No.103124/2024.
5. It is submitted that dispute between the parties has been settled and they have now filed an application under Section 359 of BNSS, 2023, seeking permission of this Court to permit them to compound the offences for which charge sheet has been filed against the petitioner. The said application dated 17.02.2026 is taken on record. The application is signed by the learned Advocates, and is supported by the affidavit of the parties. In pa
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