Pandu And Anr vs The State Of Karnataka Through ...
2026 Latest Caselaw 2118 Kant

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
                             -2-
                                        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,

NC: 2026:KHC-K:2245

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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.

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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

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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.

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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

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-ಾರಣ _ೕ/ೆ ನಮೂ @ದ ಆ'ೋ ತರು ಕಲಂ, 338 506 ಸಂಗಡ 34 ಐ @ ೇದರ ಪ?-ಾರ ಆ'ೋಪ Tಾ]ೕSಾ%ದ7ಂದ ಅವನ _ೕ/ೆ

ೋ.ಪ ಸ !@ದು ಇರುತ ೆ."