IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE l DAY OF FEBRUARY, 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.10140/2011 BETWEEN: Yallappa, S/o Laxmappa Kulageri, Age 35 years, 0cc: Agriculture. Rio Kaladagi, Tq: Bagalkot. Dist: Bagalkot. Petitioner (By Shri Shivaraj P. Mudhol, Advocate) AND: The State of Karnataka, Represented by Circle Police Inspector, Bagalkot Rural, Through SPP, High Court of Kamataka, Circuit Bench Building, Dharwad. . Respondent (By Sri Anand Kurnar Navalgimath, GP) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, praying to quash the entire proceeding in Kaladagi Police Crime No.95/2010 for an offence punishable under Sections 279, 338. 304(A) of IPC pending on the file of the I Addi. JMFC, Bagalkot. and etc. This petition coming on for Orders this day, the Court made the following: ORDER Heard the learned Counsel for the petitioner. 2. It is the case of the petitioner that he was riding pillion on the two wheeler along with the son of the Complainant. At that time, accused No.1 who was the driver of a Karnataka State Road Transport bus, was driving the bus in a rash and negligent manner and he had come to the extreme right side of the road and dashed against the two wheeler, resulting in serious injuries and causing death of the boy’ who was riding pillion. The complainant, however, lodged a complaint both against the petitioner herein as well as the driver of the bus. 3 3. The learned Counsel for the petitioner would submit, that in the above circumstances, it is on the face of it evident that there was no fault committed by the petitioner and he may not be shown as accused in the pending case and therefore, the further proceedings before the Court below on the footing that the petitioner is one of the accused, has to be stayed and appropriate direction be issued as to the manner in which the charge sheet requires to be tiled. 4. This is a prayer which cannot be countenanced by this Court, as it is within the jurisdiction of the learned Magistrate to pass appropriate orders for discharge or to stop further proceedings depending on whether the case is made out to be tried as a summons case or warrant case, at the appropriate stage. When that remedy is available, this Court, to exercise power under Section 482 of the Code of Criminal Procedure at this point of time, is premature and out of place. 4 5. Accordingly, the petition is disposed of, without prejudice to the case ofthe petitioner on merits. Sd! JuDGE Sub/