IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL PETITION NO.105435 OF 2025 (482 OF CR.PC/528 OF BNSS)

BETWEEN:

VISHWANATH RAMESH HULSOGI, AGE: 44 YEARS, OCC: PRIVATE DOCTOR, R/O. 461/1, PANCHAKSHARI NAGAR, NAVANAGAR, HUBBALLI, DHARWAD DIST.-580025.

…PETITIONER (BY SRI KRISHNA N. MURNAL, ADVOCATE.)

AND:

1. STATE OF KARNATAKA, THROUGH PS APMC, NAVANAGAR HUBBALLI, (HUBLI NORTH SUB-DIVISION), Digitally signed by M RU A D L R LI A K Y A Y R A JUN REP. BY STATE PUBLIC PROSECUTOR, KALMATH L of o c K a a t r i n on at : a H k i a g , h Cou rt HIGH COURT OF KARNATAKA, Dharwad Bench BENCH AT: DHARWAD, DHARWAD-580011.

2. SAYYED ALI S/O. MEHABOOBASAB HUNCHYALA, AGE: 29 YEARS, OCC: GOUNDI, R/O. CHAPPARBAND COLONY, 5^TH CROSS, HOSAYALLAPUR ROAD, DHARWAD-580001.

…RESPONDENTS (BY SRI ABHISHEK MALIPATIL, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THIS PETITIONER/ACCUSED NO.1 IN C.C.NO.620/2025 (HUBLI APMC, NAVANAGAR P.S.CRIME NO.97/2024, DATED 22.09.2024) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 106(1) READ WITH SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF 3^RD ADDITIONAL CIVIL JUDGE & JMFC, HUBBALLI AND ETC.,.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

The petitioner/accused No.1 has preferred this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to quash the entire criminal proceedings initiated against this petitioner/accused No.1 in C.C.No.620/2025, arising out of Hubli APMC, Navanagar P.S.Crime No.97/2024, registered for the alleged offence punishable under section 106(1) read with section 3(5) of Bharatiya Nyaya Sanhita, 2023, pending on the file of III Additional Civil Judge & JMFC, Hubballi, by allowing this criminal petition.

2. It is the brief case of the prosecution as per the complaint averments, FIR and charge sheet materials that accused No.1 was constructing building. The deceased was doing centering work in the said building, which was being constructed by accused No.1. When deceased was so doing the work of centering on 19.09.2024 at 12.00 noon, the complainant who is son of the deceased informed that his father while doing centering work had fallen from the height and sustained injuries and admitted to the hospital. When the complainant went to the hospital, he saw that the deceased suffered grievous injuries and thereafter succumbed to the injuries. Therefore, a complaint is lodged against the accused. The accused have not provided any safety measure or any material while doing centering work and therefore by such non giving of safety articles to the deceased, the deceased died in the said incident. Therefore, death is due to negligence by the accused. Accordingly crime is registered against accused for the offence punishable as stated above.

3. Heard the arguments of Sri Krishna N. Murnal, learned counsel for the petitioner/accused No.1 and Sri Abhishek Malipatil, learned HCGP for the respondent No.1 State and perused the material made available before the Court.

4. Learned counsel for petitioner/accused No.1 submitted that he has entered into an agreement with one Nazeerahmed for doing centering work and there was a contract between accused No.1 and Nazeerahmed that Nazeerahmed has to provide man power for construction of building and if any untoward incident is happened, the said contractor by name Nazeerahmed is responsible. This contract between the said contractor and accused No.1 is produced as part of material to the petition which is not disputed by the prosecution. The deceased had fallen from the height and died. The allegation against accused No.1 is that he has not provided nay safety measures and articles to the deceased.

5. The petitioner/accused No.1