[Cites 6, Cited by 0]
Karnataka High Court
Sambaji S/O Siddrai Kadolkar vs The State Of Karnataka on 17 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4227
CRL.P No. 105196 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 17TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.105196 OF 2025
(482 OF Cr.PC/528 OF BNSS)
BETWEEN:
SAMBAJI S/O. SIDDRAI KADOLKAR,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O. PLOT NO.1118, KAKATI,
DIST. BELAGAVI.
...PETITIONER
(BY SRI VITTHAL S. TELI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY P.S.I., BELAGAVI TRAFFIC SOUTH
POLICE STATION,
R/BY THE STATE PUBLIC PROSECUTOR,
Digitally signed by HIGH COURT OF KARNATAKA,
MALLIKARJUN
RUDRAYYA
KALMATH DHARWAD, BENCH DHARWAD.
Location: High Court
of Karnataka,
Dharwad Bench
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528
OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023,
PRAYING TO QUASH ABATED CHARGESHEET FILED AGAINST
DECEASED SAIRAJ (A-1) IN C.C.NO.470/2021 IN BELAGAVI
TRAFFIC NORTH P.S.CR.NO.14/2021, ON THE FILE OF JMFC-II
FOR OFFENCES UNDER 279, 338, 304(A) OF THE IPC, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:4227
CRL.P No. 105196 of 2025
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This petition is filed under Section 482 of the Code of
Criminal Procedure, 19731 / Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 20232 by the petitioner with the following
prayer:
"Wherefore, it is respectfully prayed that this Hon'ble
Court be pleased to quash abated chargesheet filed
against deceased Sairaj (A-1) in CC No.470/2021 in
Belagavi Traffic North P.S Crime No.14/2021 on the file
of JMFC-II for offences under 279, 338, 304(A) of the
IPC, in the interests of justice and equity."
2. One Mohan Hugar was driving a car bearing registration
No.KA-22/MB-3446 from Belagavi District Stadium towards
K.L.E. main road with high speed and in a rash and negligent
manner. When he reached in front of the Belagavi District Sports
Complex, at that time, the deceased-Sairaj Kadolkar, was
proceeding on his motorcycle bearing registration No.KA-22/EY-
Hereinafter referred to as the 'Cr.P.C.'
Hereinafter referred to as the 'BNSS, 2023'
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HC-KAR
8677 from Ramdev Circle towards K.L.E. Hospital main road. At
that moment, the driver of the car bearing registration No.KA-
22/MB-3446 collided with the motorcycle bearing registration
No.KA-22/EY-8677, as a result of which, Sairaj Kadolkar
sustained severe injuries and succumbed to the injuries. During
the course of investigation, Investigating Officer filed charge
sheet against the deceased, who was riding the motorcycle
bearing registration No.KA-22/EY-8677.
3. Learned counsel for the petitioner, who is the father of
the deceased-Sairaj Kadolkar submitted that the entire accident
was caused due to the rash and negligent driving of the car
driver and not due to any fault on the part of the deceased.
Therefore, it is contended that a wrong charge sheet has been
filed.
4. Heard the arguments of the learned counsel for the
petitioner and the learned counsel for the respondent. Perused
the material available on record.
5. Upon considering the charge sheet materials, especially
the sketch, it is evident that car driver was coming from a
narrow road and was approaching the main road. Therefore, it
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HC-KAR
was the duty of the car driver to stop, watch and then proceed
cautiously. However, instead of doing so, the driver drove the
car at a high speed and in a rash and negligent manner,
resulting into accident. The driver of the motorcycle, the
deceased-Sairaj Kadolkar, was travelling on the main road.
Considering the scenario of the accident, there is no negligence
found on part of the deceased, who was driving the motorcycle.
Just because the deceased did not possess a driving licence, it
cannot be concluded that he was driving in a rash and negligent
manner. Absence of driving licence is distinct from rash and
negligent driving. But the charge sheet was also filed against the
deceased as an abated charge sheet insofar as the driver of
motorcycle is concerned. Therefore, arraigning the deceased as
accused No.1 in the charge sheet is not correct. Accordingly, the
petition is liable to be allowed.
6. Hence, I proceed to pass the following:
ORDER
a) The petition is allowed.
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HC-KAR
b) The charge sheet filed insofar as against the
deceased as accused No.1 registered in Crime
No.14/2021 of Belagavi North Traffic Police
Station, for the offence punishable under
Sections 279, 338 and 304(A) of IPC, pending
in C.C.No.470/2021 on the file of JMFC-II
Court, Belagavi, is hereby set aside.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PMP /CT-AN
List No.: 2 Sl No.: 13
