- 1 -

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 21^ST DAY OF JUNE 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.100554/2021

BETWEEN

SHRI. MABLESHWAR S/O NARAYAN NAIK

AGE. 65 YEARS, OCCN. COOLIE,

R/O. SHELUR, SIDDAPUR,

UTTARA KANNADA.

.....PETITIONER

(BY SRI VENKATESH M KHARVI, ADV.)

AND

THE STATE OF KARNATAKA

BY SIDDAPUR P S

R/BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD 580008

…..RESPONDENT

(BY SRI PRAVEEN K.UPPAR, H.C.G.P.)

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

SEEKING TO CALL FOR ENTIRE RECORDS IN C.C.NO.439/2020 IN

CRIME NO.194/2019 ON THE FILE CIVIL JUDGE AND JMFC COURT,

SIDDAPUR FOR THE OFFENCE UNDER SECTION 279 OF IPC AND

QUASHE THE ENTIRE CHARGE SHEET AGAINST COMPLAINANT /

PETITIONER IN C.C.NO.439/2020 IN CRIME NO.194/2019 ON THE

FILE CIVIL JUDGE AND JMFC COURT, SIDDAPUR FOR THE OFFENCE

PUNISHABLE UNDER SECTION 279 OF IPC AND SECTION 3 R/W

181AND 196 OF M.V. ACT.

- 2 -

THIS PETITION COMING ON FOR ORDERS, ON THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

The petitioner/accused is before this Court seeking to

quash the charge sheet filed against him in Crime No.194/2019

for the offences punishable under Section 279 of Indian Penal

Code, 1860 (for short, ‘IPC’) and under Section 3 read with

Section 181 and 196 of Motor Vehicles Act, 1988 which is now

pending in C.C.No.439/2020 before the learned Addl. Civil Judge

and J.M.F.C., Siddapur.

2.

Brief facts of the case are that one Mableshwar

Narayan Naik as the first informant lodged first information with

Siddapur Police against the driver of the lorry bearing

registration No.KA-40/1649 stating that on 03.12.2019, he was

proceeding on his motorcycle bearing registration No.KA-31/Y-

1425 with his wife as pillion rider, from Shelur to Nagikatte

cross. When he was proceeding in front of the house of one

Laxminarayan Hegde, the driver of lorry in question came from

opposite direction, driving the same in a high speed and in a

- 3 -

rash and

negligent manner, dashed to the motorcycle.

Immediately the informant jumped on his left side to save his

life. However, the lorry dashed to the motorcycle and the pillion

rider fell down and sustained injuries. The lorry in question

proceeded further and stopped. The injured pillion rider shifted

to the hospital but in the meantime, she breathed her last.

Therefore, the informant requested the police to register the

case and to initiate action against the driver of the offending

lorry. The police registered Crime No.194/2019 against the

driver of the lorry for the offence punishable under Sections 279,

304-A of IPC and under Section 187 of the M.V. Act.

3.

It is stated that the investigation was undertaken by

the Investigating Officer and filed two charge sheets referring to

the same as charge sheet-A and charge sheet-B. Charge sheet

A was filed against the driver of the lorry bearing No.KA-31/Y-

1425 for the offences punishable under Sections 279, 304-A of

IPC and Section 187 of M.V. Act whereas the charge sheet –B

was filed against the present petitioner for the offence

- 4 -

punishable under Section 279 of IPC and under Section 3 read

with Section 181 and 196 of M.V. Act.

4.

As per charge sheet B, it is the contention of the

prosecution that the rider of the motorcycle had ridden the same

without licence and insurance and was negligent in riding the

same. He could not control the motorcycle on seeing the lorry in

question coming from the opposite direction and thereby he

contributed to the offence.

5.

It is stated that after filing two charges sheets, the

Trial Court took cognizance for the above said offences against

the driver of the lorry and registered C.C.No.438/2020. In the

meantime, learned Magistrate also took cognizance of offence as

per charge sheet B filed against the present petitioner and

registered C.C.No.439/220. Aggrieved by t