HANUMAPPA Vs. NAGAPPA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent Nos. 2 to 5-State. Perused the records.

(2.) The petitioner herein has sought for quashing of the entire proceedings in C.C. No. 207/2012 pending on the file of Civil Judge (Sr. Dn.) & Prl. J.M.F.C., Ranebennur, which was registered against the petitioner for the offences punishable under Sections 279 and 304A of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity).

(3.) The main contention of learned counsel for petitioner is that in this particular case complainant by name Nagappa is the first informant and eye-witness to the incident. In the first information report he has stated that on 04.09.2012 in the evening, himself and his cousin by name Girish were proceeding towards Hole Honnatti by walk, and while coming back, when they reached near Waddinakeri near Ranebennur, on Guttal road, some persons came on a motor-cycle by riding the same in a rash and negligent manner and dashed against Girish and caused the accident. As such Girish fell down on the ground and sustained injuries. Thereafter, he was shifted to hospital. The informant has observed that the motor-cycle was of Pulsar company bearing its Reg. No. KA 27 W 9854 and the rider of that vehicle was one Ramesh Shankrappa Rathod @ Lamani. On the basis of first information report police have registered a case and started the investigation. During the course of investigation further statement of complainant i.e., the informant was recorded on the very next day i.e., on 06.09.2012, wherein he has stated that the vehicle which caused the accident on that day was bearing Reg. No. KA-25/TRA 501 and it was driven by petitioner herein by name Hanumappa S/o. Somalappa Lamani.