IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100152 OF 2026 (482(CR.PC)/528(BNSS))

BETWEEN:

SHAIK ABDUL AJEEJ S/O ABDUL NABI AGE 68 YEARS, OCC. RETIRED ENGINEER, R/O. P.NO. 34 B.C. MULLIAH LAYOUT, T.B. SANITORIUM BALLARY, BALLARY CANTONMENT KARNATAKA 583104.

…PETITIONER (BY SRI. B.S. SANGATI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY SUB INSPECTOR OF POLICE, COWL BAZAR P.S., BALLARY CITY, SUB DIVISION R/BY SPP, HIGH COURT BUILDING DHARWAD 580011.

CHANDRASHEKAR LAXMAN 2. SMT. RENUKA W/O RAMESH KATTIMANI AGE 40 YEARS, OCC. LABOUR, R/O. SIDEKAL VILLAGE, NEAR GUDEKOTE KUDALGI, Digitally signed by TQ.DIST. VIJAYANAGAR- 583135.

CHANDRASHEKAR LAXMAN …RESPONDENTS KATTIMANI Date: 2026.02.26 (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;

17:43:35 +0530 SRI. SRINIVAS B. NAIK, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S.

528 OF BNSS, 2023) SEEKING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN CC NO. 886/2020 AGAINST ACCUSED NO. 3 PENDING ON THE FILE PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, BALLARI, AS AGAINST PETITIONER FOR THE ALLEGED OFFENCE P/U/SEC. 337, 338 AND 304(A) OF IPC IN CC NO. 886/2020 (COWL BAZAR PS CRIME NO. 267/2015), IN THE INTEREST OF JUSTICE.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri.B.S.Sangati, learned counsel for the petitioner and Sri.Praveen Y. Devareddyavara, learned High Court Government Pleader for respondent No.1 and Srinivasa B. Naik, learned counsel for respondent No.2/defacto complainant.

2. Petitioner is the accused in CC No.886/2020 on the file of II Additional Civil Judge (Junior Division) and JMFC, Ballari. He has been charge sheeted for the offence punishable under Sections 337, 338 and 304A of IPC.

3. Facts in the nutshell which are utmost necessary for disposal of the petition are as under:

3.1. A complaint came to be lodged by respondent No.2 – Renuka with Cowlbazar Police Station, Ballari District on 09.09.2015 which was registered in Crime No.267/2015 for the offence punishable under Sections 337, 338 and 304A read with Section 34 of IPC against three persons namely Superintendent, Director and Building Supervisor of the Vijayanagar Institute of Medical Sciences, (‘VIMS’ for short).

3.2. Gist of the complaint averments would reveal that niece of the complainant was admitted to the VIMS and as a care taker, mother, brother-in-law was there in the hospital. On 07.09.2015, complainant, her husband – Ramesh and her brother in law – Parameshwarappa has visited the VIMS to enquire about the health condition of Chandana.

3.3. After spending some time, on 09.09.2015 at about 1.55 p.m., complainant and her husband, were leaving for their native and to see them of, patient Chandana and her parents were proceeding towards ‘S’ gate of the VIMS.

3.4. At that juncture, it started raining. In order to take shelter, all of them proceeded towards the portico of building near the ‘S’ Gate and were standing beneath the portico. At that juncture, somebody shouted that structure is falling down. By the time they could escape from the said place, husband of the complainant sustained injury and other persons were also injured.

3.5. Because of the injuries sustained by the husband of the complainant, though he was treated in the very same hospital, he died. It is alleged in the complaint that Superintendent and Director of the VIMS and the present petitioner who was the building Supervising Engineer of the VIMS are responsible for their negligence resulting in injury and death of the husband of the complainant and sought for action.

4. Police after thorough investigation, filed charge sheet against the petitioner who is Supervising Engineer, dropping the Director and Supervisor of VIMS.

5. Learned Trial Magistrate took cognizance of the offences alleged against th