IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2601 OF 2014 BETWEEN:
NAVEEN KUMAR S/O MAHADEVAIAH AGED ABOUT 27 YEARS JUNIOR ENGINEER, MESCOM UNIT-1, RURAL SUB DIVISION SHIMOGA-57702 (BY SRI: MAHESH R UPPIN, ADVOCATE) AND:
1. STATE OF KARNATAKA BY RURAL POLICE SHIMOGA SHIMOGA-577202 2. U.BASAVARAJAPPA S/O UJJINAPPA, AGE 60 YEARS, AGRICULTURIST, MATHODU VILLAGE, SHIMOGA TALUK & DISTRICT-577201. (SINCE DEAD BY LR’s) 2A DAKSHAYINAMMA W/O LATE U.BASAVARAJAPPA, ... PETITIONER AGED ABOUT 62 YEARS R/AT MATHODU VILLAGE, SHIMOGA TALUK & DISTRICT-577201. (CAUSE TITLE AMENDED AS PER THE COURT ORDER DATED 24.4.2019) ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: R.D.RENUKARADHYA, ADVOCATE FOR R2(a)) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CR. NO.387/2013 BY THE SHIMOGA RURAL POLICE, SHIMOGA ON THE FILE OF C.J. (SR. DN.) AND J.M.F.C., SHIMOGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 304A OF IPC AND ALLOW THIS CRL.P.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioner, learned counsel for respondent No.2(a) and learned Addl. SPP for respondent No.1. Perused the records.
2. Petitioner was the Junior Engineer working in Rural Sub- Division, MESCOM, Shimoga at the relevant time. During his tenure, a transformer was installed at Mathodu village, Abbalagera post, Shivamogga and on account of leakage of electric power, son of respondent No.2(a) died of electrocution.
Hence, FIR was registered against the petitioner herein in Cr.No.387/2013 for the offence punishable under section 304-A of Indian Penal Code.
4. Petitioner and respondent No.2(a) have filed a joint memo duly signed by them and their respective counsels stating that during the life time of respondent No.2, above matter was settled and towards full and final settlement, Rs.4,20,000/- was received by respondent No.2 by way of cheque and cash. Out of the said amount, wife of deceased son received Rs.3,05,000/-
5. Records disclose that the petitioner is prosecuted for negligence in maintaining the electrical installations including the transformer leading to the electrocution of the deceased. Having regard to the circumstances in which the alleged offence has taken place while discharging his official duties, the said offence, if proved would render the petitioner liable for imprisonment for two years or fine. Since the petitioner has come forward to pay substantial compensation to the legal heirs of the victim, in my view, the amount paid by the petitioner works out as substantial fine for the alleged offence committed by him. Therefore, taking into consideration the above facts and circumstances, the joint memo filed by the parties is accepted.
Consequently, petition is allowed. FIR registered against the petitioner in Cr.No.387/2013 for the alleged offence punishable under section 304A of Indian Penal Code is quashed.
Sd/- JUDGE *mn/-