IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4112/2019 BETWEEN CHENNABASAPPA S/O GANGAPPA AGED ABOUT 30 YEARS R/O YAVAGAL VILLAGE AND POST, ROAN-TQ GADAGA DISTRICT-582 202 ... PETITIONER (BY SRI. S. B. HALLI, ADVOCATE) AND THE STATE OF KARNATAKA YELAHANKA, NORTH-EAST TRAFFIC SUB DIVISION POLICE BENGALURU CITY REP. BY HIGH COURT PUBLIC PROSECUTOR, BENGALURU-560 001 ... RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.124/2019 OF YELAHANKA TRAFFIC POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 304A, 279, 304 OF IPC AND SECTION 134(A AND B), 187 OF IMV ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. The petition allegations are that:
On 27.05.2019 at about 00.50 hours, the accused- petitioner being the driver of the Ambulance bearing its registration No.KA-51/G-5164 drew the said vehicle in a rash and negligent manner and drew the vehicle on the road deviant and dashed against the Car which was coming from the opposite direction bearing No.KA-04/ML- 5002 and due to the impact of the accident, about five persons who were travelling in the car died. Considering the above said unfortunate situation, the police after investigation has also incorporated Section 304 of IPC apart from invoking the provision of Section 304A and 279 of IPC and other provisions under the Indian Motor Vehicles Act.
3. On plain reading of the above said provision, it is very difficult to assume that the offence u/s.304 of IPC is attracted. When the said offence is invoked, naturally, the said offence is a non-bailable offence and the accused was arrested and he has been in Judicial Custody since two months.
4. Under the above said circumstances, as the accused is in Judicial Custody, I am of the opinion that the circumstances mentioned above are sufficient to enlarge the petitioner on bail. Hence, the following:
ORDER (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
Sd/- JUDGE PL*