Karnataka High Court
Pandu And Anr vs The State Of Karnataka Through ... on 10 March, 2026
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NC: 2026:KHC-K:2245
CRL.P No. 201253 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 201253 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. SRI. PANDU
S/O LAXMAN CHAVHAN
AGED ABOUT 67 YEARS
OCC: COOLIE
2. SRI. ANIL
S/O PANDU CHAVHAN
AGED ABOUT 33 YEARS
OCC: COOLIE
Digitally signed by BOTH ARE R/O FILTERBED
SHIVALEELA DUBAI COLONY, SHAHABAZAR
DATTATRAYA
UDAGI KALABURAGI
Location: HIGH TQ: AND DIST: KALABURAGI 585103
COURT OF
KARNATAKA ...PETITIONERS
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH UNIVERSITY POLICE STATION
KALABURAGI
REPT. BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DIST: KALABURAGI-585103
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NC: 2026:KHC-K:2245
CRL.P No. 201253 of 2024
HC-KAR
2. SMT. ANITA W/O ESHAR RATHOD
AGED ABOUT 38 YEARS
OCC: COOLIE AND HOUSEHOLD
R/O PALA MALLAYYAN TANDA
KALABURAGI, NOW AT FILTERBED
SHAHABAZAR, KALABURAGI
TQ: AND DIST: KALABURAGI-585103
...RESPONDENTS
(BY SRI.GOPALKRISHNA B. YADAV, HCGP FOR R1)
THIS CRL.P IS FILED U/SEC.482 OF CR.P.C (OLD) U/SEC.
528 OF BNSS (NEW) PRAYING TO ALLOW THE PETITION AND
FURTHER QUASH PROCEEDINGS IN C.C.NO.9495/2022,
PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC,
KALABURAGI, REGISTERED ON THE CHARGE SHEET FILED BY
THE RESPONDENT NO.1 UNIVERSITY POLICE STATION, BASED
ON THE COMPLAINT FILED BY THE RESPONDENT NO.2 FOR
THE ALLEGED OFFENCES PUNISHABLE U/SEC.338, 506 R/W 34
OF IPC CRIME NO.179/2021 UNIVERSITY P.S. KALABURAGI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the further proceedings against the petitioners/accused Nos.1 and 2 in C.C. No.9495/2022 (arising out of Crime No.179/2021 of University Police Station, Kalaburagi), for the offence punishable under Sections 338, 506 r/w 34 of IPC, -3- NC: 2026:KHC-K:2245 CRL.P No. 201253 of 2024 HC-KAR pending on the file of III Addl. Civil Judge & JMFC, Kalaburagi.
2. The brief facts of the case are that, on the basis of the complaint filed by Smt.Anita, the University Police have registered the case in Crime No.179/2021 against the accused Nos.1 to 3 for the commission of offence punishable under Sections 338 and 506 r/w 34 IPC. After investigation, the Investigating Officer submitted the charge sheet against the accused Nos. 1 to 3 for the aforesaid offences. The accused No.3/Dr.H.B.Kosgi had filed petition before this Court in Criminal Petition No.201447/2022 for quashing of the proceedings against him which was allowed by this Court vide order dated 26.05.2023 and proceedings against him have been quashed. The present petitioners are accused Nos.1 and 2 have filed this petition seeking to quash the proceedings against them in C.C. No.9495/2022. -4-
NC: 2026:KHC-K:2245 CRL.P No. 201253 of 2024 HC-KAR
3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent No.1 - State.
4. The learned counsel appearing on behalf of the petitioners would submit that the registration of crime against the petitioners is illegal, arbitrary and amounts to abuse of process of law same calls for interference. There is unexplained and inordinate delay in lodging the complaint against the petitioners. The incident of accidental electrocution took place on 08.08.2021. However, the complaint is lodged on 19.09.2021. Therefore, the injury sustained and alleged incident is highly improbable and the same is false. A bare perusal of complaint and charge sheet material indicates the fact that no material is produced in order to show that the injured i.e., husband of respondent No.2 was working under the petitioners. Hence, the petitioners cannot sit with duty of taking safety measures and acted negligently in providing safety measures. Looking to the complaint and charge -5- NC: 2026:KHC-K:2245 CRL.P No. 201253 of 2024 HC-KAR sheet material against the accused, it appears that respondent No.2- the husband was a casual labourer who was not under the supervision and control of these petitioners. Equally, the Investigating Officer has also failed to collect any material with regard to entrustment of construction work to these petitioners in the absence of aforesaid crucial materials cannot be said that the injured was a labourer under the petitioners and discharging assignments by following instructions of petitioners and petitioners were awarded with the construction work of Marriage Function Hall. Therefore, no offence as alleged in the charge sheet is being made out. Hence, the petitioners cannot be asked to face the trial. The respondent police having failed to prove the fact that the petitioners were occupiers and managers of the construction premises where the incident of electrocution took place and liability to observe safety measures. Hence, the petitioners cannot be tried for the offence under Section 338 IPC. Accordingly, he prays to allow the petition. -6-
NC: 2026:KHC-K:2245 CRL.P No. 201253 of 2024 HC-KAR
5. Per contra, learned High Court Government Pleader appearing for respondent No.1-State opposed to the petition.
6. I have examined the materials placed before this Court.
7. On the basis of the complaint filed by Smt.Anita, the University Police have registered the case against accused Nos.1 to 3 for the offence under Sections 338, 506 r/w 34 of IPC. After investigation, the Investigating Officer submitted the charge sheet against the accused Nos. 1 to 3 for the aforesaid offences. The Co- ordinate Bench of this Court in Criminal Petition No.201447/2022 has quashed the criminal proceedings against accused No.3 as per order dated 26.05.2023. In the charge sheet at column No.17, it is alleged against these petitioners as under;
" ಾನ ರವರ ಾ ಾಲಯದ ಾ ಯ ೈ , ಶ ಾ ಲಯ ೕಸ ಾ ೆ ಸರಹ ಯ ! ಬರುವ ಕಲಬುರ% ನಗರದ 'ಾ(ಾಪ*ರ ಹ+ ರ ಇರುವ -ೋಸ% ಕ/ಾ ಣ ಮಂಟಪದ ಪಕ4ದ -7- NC: 2026:KHC-K:2245 CRL.P No. 201253 of 2024 HC-KAR 5ೊಸ -ಾಮ6ಾ7 ಕಟ8ಡದ ! ಾಂಕ: 08-08-2021 ರಂದು ಮ ಾ ಹ: 12:30 ಗಂ;ೆ6ೆ ಈ ೋ=ಾ'ೋಪ ೆ ಪತ? -ಾಲ ನಂ 3 ರ ! ನಮೂ @ದ ಆ'ೋ ತನು ತನ: ಕ;ೆ8ಯ !ದ 5ೊಸ ಕಟ8ಡ B ಾCಣದ
-ಾಮ6ಾ7 ಾಡು+ ರುವ ಪಕ4ದ 'ೋDನ ! ಪಕ4 ಂದ /ೈEF ಕಂಬದ ೈGಗಳI 5ಾಯು 5ೋ%ದು, 6ೊ+ ದರು ಸಹ ಸದ7 ೈರುಗJ6ೆ ಸುರKತ ದೃMNOಂದ ಾ!@8P ೈQ 5ಾ ಸ ೆ ಅಲKತನ Sೋ7@, ಆ'ೋ ನಂ O1, ೇದವB6ೆ -ಾಮ6ಾ7 -ೆಲಸ ಗು+ 6ೆ BೕDದು ಇರುತ ೆ. ಸದ7 -ಾಮ6ಾ7 -ೆಲಸ-ೆ4 ಆ'ೋ ನಂ 01 ಮತು 02 ೇದವರು ಈ ೊ=ಾ'ೋಪ ೆ ಪತ?ದ -ಾಲಂ ನಂ 14 ರ ! ನಮೂ @ದ TಾU ನಂ, 4 ೇದವB6ೆ ಪ?+ ನ ಕೂ -ೆಲಸ-ೆ4 ಹVWದು, TಾU ನಂ, 4 ೇದವನು ಆ'ೋ ನಂ 01, 02 ೇದವ76ೆ ಾವX -ೆಲಸ ಾಡುವ ಪಕ4ದ ! /ೈEನ ಕಂಬದ ೈರುಗಳI 5ಾಯು 5ೋ%ದು, ಸದ7 ೈರುಗJ6ೆ ಾವX ೇ ಸುರKSೆ ಇ/ಾ! BೕವX
-ೆಲಸ-ೆ4 ಹVWರು 7 ಅಂSಾ -ೇJದರು. ಸಹ ಅವರು ಏನು ಆಗುವ /ಾ!
-ೆಲಸ ಾD7 ಅಂSಾ 5ೇJ 5ೋ%ದು ಇರುತ ೆ. TಾU ನಂ, 4 ೇದನು ಸದ7 -ಾಮ6ಾ7 ಕಟ8ಡದ ಪರ ಕಟ8ಲು -ೆಳಗZೆOಂದ ಸ ಲ[ ಉದದ ಕ]^ಣದ 'ಾಡು Sೆ6ೆದು-ೊಂಡು _ೕ/ೆ ಹತು Sಾ _ೕಲಗZೆ 5ೋ6ೆ ಒಮa/ೆ +ರು% ಾಗ ಸದ7 ಕ]^ಣದ 'ಾಡು /ೈEನ ಕಂಬದ ೈ76ೆ ಹ+ ದ7ಂದ TಾU ನಂ, 4 ೇದವB6ೆ ತ/ೆ6ೆ, ಬಲ6ೈ6ೆ, ಎಡಗcdನ ಹ+ ರ, eೆB:6ೆ, ಕುಂD ಹ+ ರ ಕ'ೆಂE fಾಖದ 6ಾ ಾಗhಾ% iಾ7 6ಾಯ ಾ%ದು ಇರುತ ೆ.
-ಾರಣ _ೕ/ೆ ನಮೂ @ದ ಆ'ೋ ತರು ಕಲಂ, 338 506 ಸಂಗಡ 34 ಐ @ ೇದರ ಪ?-ಾರ ಆ'ೋಪ Tಾ]ೕSಾ%ದ7ಂದ ಅವನ _ೕ/ೆ ೋ.ಪ ಸ !@ದು ಇರುತ ೆ."
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NC: 2026:KHC-K:2245 CRL.P No. 201253 of 2024 HC-KAR
8. The Investigating Officer has recorded the statement of witnesses i.e., Eshwara S/o: Tara Singh Rathod, Kamalabai W/o: Tara Singh Rathod, Tara Singh S/o: Heera Rathod, Vinod S/o: Tara Singh Rathod, Ambu S/o: Kashinath Chavan, Raju S/o: Shankar Rathod so also produced the wound certificate, photos, mahazars. On perusal of these materials, at this stage, I am of the considered opinion that, the prosecution has placed prima facie materials to constitute the offence under Section 338 read with 34 IPC. On perusal of the prosecution papers, I do not find any materials to proceed against the accused for the offence under Section 506 r/w 34 IPC. Hence, I proceed to pass the following:
ORDER
(a) The petition is allowed in part.
(b) The proceedings initiated against the petitioners/accused Nos.1 and 2 in C.C. No.9495/2022 (arising out of Crime No.179/2021 of University Police Station, Kalaburagi), only insofar as the offence -9- NC: 2026:KHC-K:2245 CRL.P No. 201253 of 2024 HC-KAR punishable under Section 506 r/w 34 of IPC, pending on the file of III Addl. Civil Judge & JMFC, Kalaburagi, is hereby quashed.
(c) The petition in respect of petitioners/accused Nos.1 and 2 to quash the proceedings for the offence under Section 338 r/w 34 of IPC in C.C.No.9495/2022, is hereby dismissed.
Registry is directed to send the copy of this order to the trial Court to proceed against the petitioners/accused Nos.1 and 2 for the offence under Section 338 r/w 34 of IPC.
Sd/-
(G BASAVARAJA) JUDGE MSR List No.: 1 Sl No.: 29 CT-BH