IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.2589 OF 2019 BETWEEN:
SANGYE, S/O PHUNTSOK, AGED ABOUT 44 YEARS, R/AT TR CAMP NO.3, H.NO.23, OLD ARLIKUMARI, BYLAKUPPE VILLAGE, PERIYAPATTANA TALUK, MYSURU DISTRICT – 577 231. …PETITIONER (BY SHRI B.LETHIF, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY HUNSUR RURAL POLICE STATION, MYSURU DISTRICT, REPRESENTED BY THE S.P.P., HIGH COURT BUILDING, BANGALORE – 560 001.
2. S.KAVERAPPA, S/O V.SHANKAR PANDEYAN, AGED ABOUT 53 YEARS, R/AT HOUSING BOARD COLONY, HUNSURU TOWN, HUNSURU (TQ).
MYSURU DISTRICT – 577 543. …RESPONDENTS (BY SMT. K.P.YASHODHA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.618/2017 (IN CRIME NO.543/2016 FOR THE OFFENCE P/U/S 279, 304A OF IPC AND SECTION 3 R/W 181, 146 R/W 196 AND 180 OF IMV ACT, ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT, HUNSURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is the owner of motorcycle bearing registration No.KA-09-Q-7003 and the same met with an accident while accused No.1 was riding the same resulting in death of one Kandaswamy. The son of the deceased Kandaswamy filed a compliant and the same has been registered as FIR No.543/2016 in Hunsur Rural Police Station. After investigation, police have filed the charge sheet against two accused for the offences punishable under Sections 279 and 304A of IPC and Sections 3 r/w 181, 146 r/w 196 and 180 of Motor Vehicles Act.
2. Shri B.Lethif, learned advocate for the petitioner submitted that petitioner/accused No.2 is the owner of the offending vehicle and the offences punishable under Sections 279 and 304A of IPC cannot be alleged against him as accused No.1 was rider of the motorcycle. Hence, he prayed for allowing this petition and to quash the criminal proceedings against the petitioner.
3. Smt. K.P.Yashodha, learned HCGP in her usual fairness does not dispute the position of law.
4. I have carefully considered rival contentions and perused the records.
5. Admittedly, accused No.1 is the rider of the vehicle. Therefore, allegation of commission of offences punishable under Sections 279 and 304A of IPC are unsustainable against the petitioner. Hence, the following:
ORDER (i) Petition is allowed in part.
(ii) The offences alleged against the petitioner under Sections 279 and 304A of IPC in C.C.No.618/2017 so far as petitioner/ accused No.2 is concerned are quashed.
(iii) It is made clear that prosecution of petitioner/accused No.2 for the offences punishable under Sections 3 r/w 181, 146 r/w 196 and 180 of MV Act are not quashed.
In view of disposal of this petition, I.A. No.1/19 does not survive of consideration and the same is also disposed of.
No costs.
Sd/- JUDGE HJ