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Reserved on : 19.08.2026 Pronounced on : 16.10.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10711 OF 2026 BETWEEN:

SHRI NADEEM UR REHMAN AGED ABOUT 51 YEARS S/O ABDUL SUBAN RESIDING AT NO. 736, 4^TH CROSS, 1^ST MAIN, S.S. NAGARA BANNIMANTAP MYSURU – 570 015.

…PETITIONER (BY SRI PALLAVA R., ADVOCATE)

AND:

Digitally

1. THE STATE OF KARNATAKA signed by CHAYA S A BY N.R. TRAFFIC P.S.

Location: AT:ASHOKA ROAD High Court of LASHKAR MOHALLA

Karnataka

MYSURU – 570 021

REPRESENTED BY LEARNED S.P.P

HIGH COURT OF KARNATAKA

BENGALURU – 560 001.

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2. SHRI ANNEGOWDA AGED ABOUT 69 YEARS S/O LATE NANJEGOWDA RESIDING AT NO. 59 CHANDRAMOULESHWARA TEMPLE STREET, SIDDALINGAPURA VILLAGE, MYSURU TALUK MYSURU DISTRICT – 570 003.

…RESPONDENTS (BY SRI B.N.JAGADEESHA, SPP-I A/W SMT.RASHMI PATEL, HCGP FOR R-1)

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE CHARGE SHEET SUBMITTED BY THE N.R. TRAFFIC P.S., MYSURU THE 1^ST RESPONDENT HEREIN AS AGAINST THE PETITIONER/ACCUSED NO. 02 HEREIN ONLY INSOFAR AS IT IS SUBMITTED FOR THE OFFENCE P/U/S 304 PART II OF IPC, 1860 IN RELATION TO CRIME NO.89/2020 REGISTERED BY THEM ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU IN S.C.NO.270/2021 WHICH IS GIVEN HEREIN AT ANNEXURE-A.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 19.08.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner/accused No.2 is before the Court calling in question proceedings in S.C.No.270 of 2021 registered for offence punishable under Section 304 Part-II of the IPC.

2. Facts, in brief, germane, are as follows: -

2.1. The case of the prosecution, shorn of unnecessary details, is that on 10-12-2020, the minor son of the petitioner, then aged about 14 years and a juvenile in conflict with law, allegedly took for a drive a motor car which had been entrusted to the petitioner by his employer. The drive, unfortunately, culminated in a tragic accident claiming the lives of three persons. On the strength of a complaint lodged by the kith and kin of the deceased, a crime comes to be registered in Crime No.89 of 2020, initially for offences punishable under Sections 279, 304A and 337 of the IPC and Sections 134A, 134B and 187 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’ for short).

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2.2. In the course of investigation, permission was sought from the II Additional District and Sessions Judge, Mysuru, to incorporate the offence punishable under Section 304 Part-II of the IPC. Permission being accorded, Section 304 Part-II enters the array of offences alleged in the crime. Investigation thereafter proceeds and culminates in the filing of a charge sheet, in which the petitioner is arraigned as accused No.2 for the offence punishable under Section 304 Part-II of the IPC, apart from offences under Sections 5(1), 180 and 199A of the Act.

2.3. The petitioner, on being so arraigned, files an application seeking discharge in S.C.No.270 of 2021 before the concerned Sessions Court. The fulcrum of the plea for discharge was that, even if the entire charge-sheet material were to be accepted as it stood, the ingredients necessary to constitute an offence under Section 304 Part-II of the IPC were conspicuously absent. The concerned Court, upon hearing the parties, declines to accept the plea and dismisses the application. It is this rejection that drives the petitioner to this Court. The challenge, however, is deliberately confined: the petitioner does not seek obliteration of the entire prosecution, but restricts his prayer to effacement of the offence punishable under Section 304 Part-II of the IPC.

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3. Heard Sri Pallava R., learned counsel appearing for the petitioner, and Sri B.N. Jagadeesha, learned State Public Prosecutor-I appearing for respondent No.1.

4. Sri Pallava R.,