Karnataka High Court
Khanaram vs State Of Karnataka on 30 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:23248
WP No. 18668 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.18668 OF 2025 (GM-RES)
BETWEEN:
1. KHANARAM,
S/O NENARAM,
AGED ABOUT 44 YEARS,
OWNER OF LAKSHMI CHEMICALS FACTORY
NO. 16, MAGADI ROAD, GOLLARAPALYA,
BANGALORE NORTH,
BANGALORE CITY-560091.
NAME AND ADDRESS AS PER AADHAR CARD
KANA RAM S/O NENA RAM,
AGED ABOUT 44 YEARS,
R/AT #16, MAGADI MAIN ROAD, HOSAHALLI,
GOLLARAPALYA, BANGALORE NORTH,
VISWANEEDAM,
BANGALORE-560 091.
2. KAILASH,
Digitally
S/O NARAYAN RAMJI.
signed by AGED ABOUT 44 YEARS,
CHANDANA OWNER OF LAKSHMI CHEMICALS FACTORY,
BM
NO.67/76, MAGADI ROAD, GOLLARAPALYA,
Location:
High Court BANGALORE NORTH,
of Karnataka BANGALORE - 560 091.
NAME AND ADDRESS AS PER AADHAR CARD
KAILAS S/O NARAYAN RAM JI,
AGED ABOUT 44 YEARS,
R/AT #7/1, MAGADI MAIN ROAD,
HOSAHALLI, GOLLARAPALYA,
BANGALORE NORTH,
VISWANEEDAM,
BANGALORE-560 091.
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NC: 2025:KHC:23248
WP No. 18668 of 2025
HC-KAR
3. LAKSMIDEVI,
W/O HANUMAN RAM,
AGED ABOUT 46 YEARS,
R/AT BABURAM RENTED HOUSE,
DODDA GOLLARAHATTI
HOSALLI MAIN ROAD,
YESHWANTHOUR HOBLI,
BANAGALORE CITY -560 091.
NAME AND ADDRESS AS PER AADHAR CARD
H. LAKHMIDEVI
WO HANUMAN RAM,
AGED ABOUT 46 YEARS.
RAT #38, SANJEEVININAGAR,
MUDALAPALYA, BANGALORE NORTH,
NAGARABHAVI,
BANGALORE- 560 072.
...PETITIONERS
(BY SRI. KETHAN KUMAR., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY POLICE INSPECTOR
TAVAREKERE POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BANGALORE - 560 001,
2. SRUSHTI,
D/O DHANAPAL H.K
AGED ABOUT 11 YEARS,
C/O INDRAMMA,
R/AT #189, SHANTHI LALA LAYOUT,
SIGEHALLI GATE, KADABAGERE,
BANGALORE- 562 130.
REPRESENTED BY HER GUARDIAN-GRAND MOTHER.
INDRAMMA,
W/O RAJASHEKARA,
AGED ABOUT 54 YEARS,
R/AT #189, SHANTHI LALA LAYOUT,
SIGEHALLI GATE, KADABAGERE,
BANGALORE- 562 130.
...RESPONDENTS
(BY SRI. JAGADEESHA B.N., ADDL.SPP FOR R-1;
SRI. MEGHACHANDRA.D.N, ADVOCATE FOR R-2)
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NC: 2025:KHC:23248
WP No. 18668 of 2025
HC-KAR
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA R/W SECTION 482 OF THE CPC PRAYING TO
QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE
PETITIONERS (ACCUSED NO.1 TO 3) PENDING BEFORE IX ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL IN
S.C.NO.117/2024 (CRIME NO.167/2016 REREGISTERED BY THE
TAVAREKERE POLICE STATION-RESPONDENT NO.1) FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 285, 286, 304(A), 427, 304 OF
IPC VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek the following reliefs:-
" a) Issue a writ in the nature of certiorari or any other appropriate writ or order to quash the entire criminal proceedings against the petitioners (Accused Nos.1 to 3) pending before IX Additional District and Sessions Judge, Bengaluru Rural in S.C.No.117/2024 (Crime No.167/2016 registered by the Tavarekare Police S tation - Respondent No.1) for the offences punishable under Sections 285, 286, 304(A) 427, 304 of IPC vide Annexure-A.
b) Grant such other further relief as may deem fit in the circumstances of the case."
2. Learned counsel for the petitioners - accused Nos.1 to 3 and learned counsel for 2nd respondent - complainant have filed an Application along with Affidavit of the petitioners and Affidavit of -4- NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR 2nd respondent duly signed by the petitioners, 2nd respondent and their respective counsel and the same are taken on record.
3. Petitioners - accused Nos.1 to 3 and their counsel and 2nd respondent and her counsel are physically present before the Court and they admit the contents of the Application as well as their respective Affidavits. The application reads as under:-
"APPLICATION FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE FILED BY THE PETITIONERS AND RESPONDENT No.2.
The Petitioners and Respondent No.2 jointly submit as follows:
1. It is submitted that, Petitioners herein filed the above Petition before this Hon'ble court to quash the entire proceedings in S.C.No.117/2024 pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural against the petitioners (Accused No.1 to 3) (Crime No.167/2016 registered by the Tavarekere Police station -
Respondent No.1) for the offences punishable under section 285, 286, 304(A), 427, 304 of IPC.
2. It is submitted that, father of the Respondent No.2 had filed complaint against the Petitioners stating that, Complainant and his wife used to go to work as laborers for their livelihood. Similarly, his wife Gayithri was employed at Lakshmi Lac Chemicals as daily labour. Lakshmi Lac Chemicals is functional in the sheet shed, i.e., shed No. 3050, located at Site No. 95, Shantilal Mutha Layout and -5- NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR that they were illegally storing Phenol, HCL 33 product, kerosene, and Soap oil in barrels, filing them into 1, 2, and 5 liters cans from the barrels, and selling them at different places. Complainant's wife Gayithri and five other men also worked there. That on 22.04.2016 at about 12.00 AM, complainants neighbors Dhanalakshmi and Hanumakka came to his house and they informed him that at around 11.00 am, a truck full of chemical barrels arrived at the Lakshmi Lak Chemicals factory. All the workers unloaded the barrels from the truck. The truck left from the factory and unloaded barrels are kept in the warehouse. A barrel in the warehouse accidentally caught fire and fire spread to entire factory and due to fire accident entire ware house complete burnt. Three or four people working in a factory were injured in a fire, and Complainant's wife Gayithri was also completely burned and died on the spot. Acting upon the complaint of Dhanapal H.K. the Respondent No.1 police registered FIR against the Petitioners in Crime No. 167/2016 for the offences punishable under section 285, 286, 427, 304, 304(A) of IPC and Sections 3, 4, 5 and 6 of Explosives Substance Act, 1908.
3. It is submitted that, after completion of investigation Tavarekere Police filed charge sheet against the Petitioner before Chief Judicial Magistrate Court, Bangalore Rural District against the Petitioners for the offences punishable under Sections 285, 286, 304(A), 427, 304 of IPC and Trial Court took cognizance of the offence and registered Criminal Case in C.C.No.4469/2020. Chief Judicial Magistrate, Bangalore Rural District vide order -6- NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR dated 16.02.2024 committed the C.C.No.4469/2020 to District and Sessions Judge, Bangalore Rural District. After Committal case, case registered in S.C.No.117/2024 registered against the Petitioners and now pending before IX Additional District and Sessions Judge, Bangalore Rural.
4. It is submitted that, Respondent No.2-Srushti is the daughter of the deceased complainant-Dhanapal.H.K and Victim Gayithri. Guardian of the Respondent No.2 (Srushti) Smt. Indramma is the mother of the deceased Gayithri and now she is taking care of Baby Srushti. Smt. Indramma approached the Petitioners and has stated that she does not want to prosecute the case. Smt. Indramma being the mother of the deceased Gayithri and guardian of the minor girl Baby Srushti has been made as party in this writ Petition representing Minor girl, since original complainant Mr.Dhanapal H.K. died on 05.05.2016. Now mother of the deceased Smt. Indramma (guardian of Respondent No.2 in the writ petition) has approached the petitioners and stated that she having lost her daughter and she is not interested to prosecute the case. Therefore, from the interventions of elders and well wishers of the petitioners and the petitioners considering the future of Respondent No.2, Petitioners are voluntarily paying an amount of Rs.4,00,000/- to the Respondent No.2. (the Petitioners have already paid one lakh through D.D. dated 21.03.2018 drawn on Karnataka Bank Ltd in the name Baby Srushti and one lakh by way of cash) and remaining two lakhs paid today by way of Demand Draft bearing No.466194 dated 25.06.2025, drawn on Karnataka Bank Ltd Herohalli Branch, Bangalore Drawn -7- NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR in favour of Srushti. The Respondent No.2 also has acknowledged the same and has also undertaken that, she would not claim any further compensation nor initiate any legal action against the Petitioners.
5. It is submitted that, the dispute between us and Respondents No.2 and 3 has been settled amicably as per the terms stated above. And in this regard Petitioners and guardian of Respondent No.2 have also decided to end the dispute in S.C.No.117/2024 registered against the Petitioners and now pending before IX Additional District and Sessions Judge Bangalore Rural.
6. It is submitted that, guardian of the Respondent No.2 suggested that the best viable option to come out of this criminal proceeding is to approach this Hon'ble High Court and state before it that complainant has no intention to prosecute the Petitioners and the Respondent No.2 has come forward to state the same before this Hon'ble Court.
Wherefore, Petitioners and Respondent No.2 are jointly pray that this Hon'ble Court may kindly be pleased to quash the entire criminal proceedings against the petitioners (Accused Nos.1 to 3) pending before IX Additional District and Sessions Judge, Bengaluru Rural in S.C.No.117/2024 (Crime No.167/2016 reregistered by the Tavarekere Police station - Respondent No.1) for the offences punishable under Sections 285, 286, 304(A), 427, 304 of IPC in the interest of justice."
-8-NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR "AFFIDAVIT OF THE PETITIONERS We,
1. KHANARAM, S/o Nenaram, Aged About 44 years, Owner of Lakshmi Chemicals Factory, No.16, Magadi Road, Gollarapalya, Bangalore North, Bangalore City-560091. (Name & Address as per Aadhar Card- KANA RAM, S/o Nena Ram, Aged about 44 years, R/at # 16, Magadi Main Road, Hosahalli, Gollarapalya, Bangalore North, Viswaneedam, Bangalore - 560091) the Accused No.1 and Petitioner No.1 in the above petition:
2. KAILASH, S/o Narayan Ramji, Aged about 44 years, Owner of Lakshmi Chemicals Factory, No.67/76, Magadi Road, Gollarapalya, Bangalore North, Bangalore City-560091. Name & Address as per Aadhar Card- KAILAS, S/o Narayan Ram ji, Aged about 44 years, R/at # 7/1, Magadi Main Road, Hosahalli, Gollarapalya, Bangalore North, Viswaneedam, Bangalore- 560091
3. LAKSMIDEVI, W/o Hanuman Ram, Aged about 46 years, R/at Baburam rented House, Dodda Gollarahatti, Hosalli Main Road, Yeshwanthpur Hobli, Banagalore City - 560091. (Name & Address as per Aadhar Card-H. LAKHMIDEVI, W/o Hanuman Ram, Aged about 46 years, R/at # 38, Sanjeevininagar, Mudalapalya, Bangalore North, Nagarabhavi, Bangalore - 560 072.
We together, submit on oath as follows:
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1. We state that, we are the Petitioners herein and we are well conversant with the facts of the case and Hence, submit hereunder.
2. We state that, we have filed present Writ of Certiorari to quash the entire proceedings in S.C No.117/2024 pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural against the Petitioners (Accused No.1 to 3) (Crime No.167/2016 registered by the Tavarekere Police station - Respondent No.1) for the offences punishable under section 285, 286, 304(A), 427, 304 of IPC.
3. We state that, father of the Respondent No.2 had filed complaint against us stating that, he and his wife used to go to work as laborers for their livelihood. Similarly, his wife Gayithri was employed at Lakshmi Lac Chemicals as daily labour. Lakshmi Lac Chemicals is functional in the sheet shed, i.e. shed No.3050, located at Site No.95, Shantilal Mutha Layout and that they were illegally storing Phenol, HCL 33 product, Kerosene, and Soap oil in barrels, filling them into 1, 2, and 5 liters cans from the barrels, and selling them at different places. Complainant's wife Gayithri and five other men also worked there. That on 22.04.2016 at about 12.00 AM, complainants neighbors Dhanalakshmi and Hanumakka came to his house and they informed him that at around 11.00 am, a truck full of chemical barrels arrived at the Lakshmi Lak Chemicals factory. All the workers unloaded the barrels from the truck. The truck left from the factory and unloaded barrels are kept in the
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NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR warehouse. A barrel in the warehouse accidentally caught fire and fire spread to entire factory and due to fire accident entire ware house completely burnt. Three or four people working in a factory were injured in a fire, and Complainant's wife Gayithri was also completely burned and died on the spot. Acting upon the complaint of Dhanapal. H.K, the Respondent No.1 police registered FIR against the Petitioners in Crime No.167/2016 for the offences punishable under section 285, 286, 427, 304, 304(A) of IPC and Section 3, 4, 5 and 6 of Explosives Substance Act, 1908.
4. We state that, after completion of investigation Tavarekere Police filed charge sheet against the Petitioner before chief Judicial Magistrate Court, Bangalore Rural District against the Petitioners for the offences punishable under section 285, 286, 304(A), 427, 304 of IPC and trial court took cognizance of the offence and registered Criminal Case in C.C No.4469/2020. Chief Judicial Magistrate, Bangalore Rural District vide order dated 16.02.2024 committed the C.C No.4469/2020 to District and Sessions Judge, Bangalore Rural District. After Committal, case registered in S.C No.117/2024 registered against the Petitioners and now pending before IX Additional District and Sessions Judge Bangalore Rural.
5. We state that, Respondent No.2- Srushti is the daughter of the deceased complainant-Dhanapal.H.K and victim Gayithri Guardian of the Respondent No.2 (Baby Shrusti) Smt. Indramma is the mother of the deceased
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NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR Gayithri and now she is taking care of Shrushti. Smt.Indramma approached the Petitioners and has stated that she does not want to prosecute the case. Smt.Indramma being the mother of the deceased Gayithri and guardian of the minor girl Srushti has been made as party in this writ petition representing Minor girl. Since original complainant Mr. Dhanapal. H.K died on 05.05.2016. Now mother of the deceased Smt. Indramma (guardian of Respondent No.2 in the writ petition) has approached the petitioners and stated that she having lost her daughter is not interested to prosecute the case. Therefore from the interventions of elders and well wishers of the petitioners and the petitioners considering the humanitarian reasons of Respondent No.2 and by considering the future of the family of the deceased, Petitioners are voluntarily paying an amount of Rs.4,00,000/- to the Respondent No.2. (the Petitioners have already paid one lakh through D.D dated 21.03.2018 drawn on Karnataka Bank Ltd in the name of Srushti and one lakh by way of cash) and remaining two lakhs paid today by way of Demand Draft bearing No.466194 dated 25.06.2025, drawn on Karnataka Bank Ltd Herohalli Branch, Bangalore Drawn in favour of Srushti. Guardian of the Respondent No.2 also has acknowledged the same and has also undertaken that, she would not claim any further compensation nor initiate any legal action against us.
6. We state that, the dispute between us and Respondents No.2 has been settled amicably as per the terms stated above. And in this regard Petitioners and
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NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR Respondent No.2 have also decided to end the dispute in S.C No.117/2024 registered against the Petitioners and now pending before IX Additional District and Sessions Judge Bangalore Rural.
7. We state that, guardian of the Respondent No.2 has suggested that the best viable option to come out of this criminal proceeding is to approach this Hon'ble Court and state before it that complainant has no intention to prosecute the Petitioners. And the guardian of Respondent No.2 has come forward to state the same before this Hon'ble Court.
Wherefore, we pray that this Hon'ble Court may kindly be pleased to quash the entire criminal proceedings against the Petitioners (Accused No.1 to 3) pending before IX Additional District and Sessions Judge Bengaluru Rural in S.C No.117/2024 (Crime No.167/2016 reregistered by the Tavarekere Police station -Respondent No.1) for the offences punishable under section 285, 286, 304(A), 427, 304 of IPC in the interest of justice."
"AFFIDAVIT OF THE RESPONDENT I, INDRAMMA, W/o Rajashekara, Aged about 54 years, R/at # 189, Shanthi Lala Layout, Sigehalli Gate, Kadabagere, Bangalore-562 130 I am the guardian of Respondent No.2 and represent the Respondent No.2 in the above writ petition. Do hereby solemnly affirm and state on oath as follows:
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NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR
1. I state that, I am the guardian of Respondent No.2 and represent her in the present petition. I am well aware of the facts and circumstances of the case, hence depose hereunder:
2. We state that, Petitioner have filed the present Writ of Certiorari to quash the entire proceedings in S.C No.117/2024 Pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural against the Petitioners (Accused No.1 to 3) (Crime No.167/2016 registered by the Tavarekere Police station - Respondent No.1) for the offences punishable under section 285, 286, 304(A), 427, 304 of IPC.
3. I state that, my son in law Dhanapal. H.K had filed complaint against the Petitioners on 22.04.2016 before the Respondent No.1 Police alleging the incident pertaining to mishap/fire accident that was occurred in the factory/godown of the Petitioner and result of which his wife died due to burn Injury. On the basis of the said complaint, Respondent No.1 police registered FIR in Crime No. 167/2016 for the offences punishable under section 285, 286, 427, 304, 304(A) of IPC and Section 3, 4, 5 and 6 of Explosives Substance Act, 1908.
4. I state that, after completion of investigation Tavarekere Police filed charge sheet against the Petitioner before Chief Judicial Magistrate Court, Bangalore Rural District against the Petitioners for the offences punishable under section 285, 286, 304(A), 427, 304 of IPC and Trial Court took cognizance of the offence and registered
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NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR Criminal Case in C.C No.4469/2020. Chief Judicial Magistrate, Bangalore Rural District vide order dated 16.02.2024 committed the C.C No.4469/2020 to District and Sessions Judge, Bangalore Rural District. After Committal, case registered in S.C No.117/2024 registered against the Petitioners and now pending before IX Additional District and Sessions Judge Bangalore Rural.
5. I state that, Respondent No.2-Srushti is the daughter of the deceased complainant-Dhanapal.H.K and Victim Gayithri. I am the grandmother of the Respondent No.2 (Shrusti) and the mother of the deceased Gayithri and now I am taking care of Srushti. I being the mother of the deceased Gayithri and guardian of the minor girl Baby Srushti has approached the Petitioners and have stated that we does not want to prosecute the case. My son law- Dhanapal. H.K died on 05.05.2016. I have approached the petitioners and stated that I lost my daughter and also son in law and hence, not interested to prosecute the case. Therefore from the interventions of elders and well wishers of the petitioners and the petitioners considering the humanitarian reasons of Respondent No.2 and by considering the future of the Respondent No.2, Petitioners are voluntarily paying an amount of Rs.4,00,000/- to the Respondent No.2. (the Petitioners have already paid one lakh through D.D dated 21.03.2018 drawn on Karnataka Bank Ltd in the name Srushti and one lakh by way of cash) and remaining two lakhs paid today by way of Demand Draft bearing No.466194 dated 25.06.2025, drawn on Karnataka Bank Ltd., Herohalli Branch, Bangalore Drawn in
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NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR favour of Srushti. We acknowledged the same and has also undertaken that, we would not claim any further compensation nor initiate any legal action against us.
6. I state that, the dispute between us and Petitioners has been settled amicably as per the terms stated above. And in this regard our family and Petitioners have also decided to end the dispute in S.C.No.117/2024 registered against the Petitioners and now pending before IX Additional District and Sessions Judge, Bangalore Rural.
7. We state that, we never had any grievance as against the Petitioners and we withdraw all allegation made against the Petitioner.
Wherefore, we pray that this Hon'ble Court may kindly be pleased to quash the entire criminal proceedings against the Petitioners (Accused No.1 to 3) pending before IX Additional District and Sessions Judge, Bengaluru Rural in S.C No.117/2024 (Crime No.167/2016 registered by the Tavarekere Police station - Respondent No.1) for the offences punishable under section 285, 286, 304(A), 427, 304 of IPC in the interest of justice."
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Application -
I.A.1/2025 dated 30.06.2025.
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NC: 2025:KHC:23248 WP No. 18668 of 2025 HC-KAR
(ii) The proceedings in S.C.No.117/2024 (arising out of Crime No.167/2016 of 1st respondent - Police) registered for the offences punishable under Sections 285, 286, 304(A), 427 and 304 IPC pending on the file of IX Addl. District & Sessions Judge, Bengaluru Rural, insofar as petitioners are concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SV List No.: 5 Sl No.: 13