Criminal petition to quash proceedings for Sections 279 and 304(A) IPC was dismissed. The Bench held that factual contentions require adjudication and could not be assumed in favor of the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
Criminal Petition No.101227/2016
BETWEEN:
SIDDAPPA HANAMANT ALADAKATTI AGE: 46 YEARS, OCC: KSRTC DRIVER, R/O; BOODIGOPPA, TQ: SAVADATTI, BELAGAVI.
…..PETITIONER
(BY SRI S.B.DEYANNAVAR, ADVOCATE)
AND
R/BY SPP HIGH COURT BENCH DHARWAD.
AGE: 24 YEARS, OCC: STUDENT,
R/O: PLOT NO.50 RAMNAGAR
BELAGAVI.
…….RESPONDENTS
(BY SRI PRAVEEN K.UPPAR, HCGP FOR R1) R-2 SERVED)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING THAT THE PROCEEDINGS INITIATED IN MARIHAL P.S. CR.NO.61/2015 C.C.NO.954/2015 PENDING ON THE FILE OF III JMFC, BELAGAVI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279, 304(A) OF IPC MAY KINDLY BE QUASHED.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though the matter is posted for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal.
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Highway, Sourabh was riding the vehicle in a rash and negligent manner, he tried to overtake a four wheeler simultaneously a vehicle came in the opposite direction, but tired to escape from the accident and bike turn his vehicle to left side. In the meanwhile, the bike got touched to the four wheeler which was on the left side of the road and fell down and both got injured and shifted to lake view hospital at around 5.30 p.m, due to the said accident Sourabh’s right leg fractured and Sanjay died in the hospital.
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Accordingly, petition is dismissed.
Sd/JUDGE
msr
1 issue framed by the court
Whether the proceedings initiated for rash and negligent driving causing death should be quashed.
3 provisions across 2 enactments
Siddappa Hanamant Aladakatti
The State of Karnataka
Aamir Hanif Liya
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
