S. S. NAGANAND Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is arraigned as an accused in C.C.No.108/2013 arising out of Cr.No.346/2012 registered by the Chickballapura Rural P.S. for offences punishable under Sections 279, 337, 338 of IPC, 1860 read with Section 134(A)(B), 187 of the IMV Act. The petitioner is seeking to quash the criminal proceedings initiated against him in C.C.No.108/2013 pending before Court of the Senior Civil Judge & CJM, Chickballapur.

(2.) Heard the learned Senior counsel Shri Ashok Haranahalli for the petitioner and the learned HCGP for the State. In this matter, Respondent No.2 / Venkateshappa though has engaged the services of the counsel Shri Suresh M. Lathur, the said counsel is neither present before court physically nor appears through video conferencing. However, in this matter, it is relevant to refer to Section 301 of the Cr.P.C. When once the case has been registered by the police by recording an FIR in Cr.No.346/2012 and then, the domain is vested with the Public Prosecutor / High Court Government Pleader to appear and plead without any written authority before the court. Hence, it is said that learned HCGP for Respondent No.1 is representing not only the State but also the complainant under of the Cr.P.C. Though Respondent No.2 has engaged the services of a counsel, but the said counsel cannot independently address arguments but only can assist the learned HCGP for the State. Accordingly, heard the arguments of the learned HCGP on behalf of Respondent Nos.1 and 2.

(3.) It is the case of the prosecution that, based upon the complaint filed by the complainant Venkateshappa with the Chickballapur Rural P.S. on 30.08.2012 at around 10.30 a.m. stating that on 22.07.2012, the complainant Venkateshappa and his daughter Chikkanarayanamma were returning home in a TVS moped bearing No.KA-05-HJ-9344 after meeting an astrologer at Devastanadahosahalli near Chickaballapur. While they were on their way to home on NH-7 at around 3.00 p.m., near Doddapylagurki Gate, while he was taking 'U' turn slowly, that a car bearing No.KA-01/MG-2383 which was coming from Hyderabad side in a rash and negligent manner, had hit on the TVS moped. As a result of that, the complainant Venkateshappa had sustained accidental injuries on his left elbow and left leg and also some abrasions on his right palm, forehead, left arm and on the back. Similarly, his daughter Chikkanarayanamma had also sustained abrasion on both her knees. The persons who were present nearby the scene of crime had secured an ambulance and had sent both of them to Chickaballapur Government Hospital and after the Doctor there had provided first aid to them, on the Doctor's advice, they were shifted to Bowring Hospital, Bangalore, in order to provide better treatment. But the driver of the offending car and its owner had approached the second respondent and paid him a sum of Rs.40,000/- for their treatment and also assured them of bearing the medical expenditure. But subsequently on filing a complaint by the complainant, the case in Cr.No.346/2012 came to be registered by the Chickaballapur Rural P.S. and the case was taken up by the Investigating Agency and laid a charge-sheet against the accused in C.C.No.108/2013. This is the pith and substance of the allegations made in the complaint and also reflected in the FIR said to have been recorded by the Chickaballapur Rural P.S.