IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7246/2019 BETWEEN SRI BALA GANGI REDDY SINGAM S/O SHANTHIGANGIREDDY SINGAM AGED 53 YEARS CONTRACTOR R/O THIMMANAHALLI VILLAGE MARLE POST CHIKKAMAGALURU TALUK – 577 001 ... PETITIONER (BY SRI. P. P. HEGDE., ADVOCATE) AND STATE BY RURAL POLICE STATION CHIKKAMAGALALURU (REP BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGLAURU – 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.208/2019 REGISTERED BY CHIKKAMAGALURU RURAL POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/S 304(2), 286, 337 AND 338 R/W 34 OF IPC AND SECTION 3, 4 AND 5 OF EXPLOSIVE SUBSTANCES ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.1 in Crime No.208/2019 of Chikkamagaluru Rural Police Station, Chikkamagaluru, for the offence punishable under Sections 304(2), 286, 337, 338 r/w. 34 of IPC and Sections 3, 4 & 5 of Explosive Substances Act.
3. The brief facts of the case are that, on 07.09.2019 at about 6.30pm., the petitioner and other accused persons including the Break Operator Mr. Sanod Darve, Omkar, Shobith Singh have made all preparations for stone quarry crushing in the property of one Shanthegowda situated at Marle Village Stone Quarry by using the explosive substances for the purpose of blasting stones on the instruction of one Mr. Balagangareddy. At the time of stone blasting, the deceased Sanoj Darve and other persons were also present at the spot. It is alleged that the accused persons were used explosive substances for the purpose of blasting stones. In that context, it is alleged that on 07.09.2019, in the evening at about 6.30 p.m., the petitioner was giving instructions to the other employees for the purpose of blasting stones. They have in fact drilled the stones, made holes and filled the explosive substances in those holes and as per the direction of the petitioner, the stones were blasted and at that time the stone pieces splashed around, which caused injuries to the employees including one Sanoj Darve. In that incident, unfortunately, Sanoj Darve has sustained severe injuries and he succumbed to those injuries later. On the above said allegations, a complaint came to the lodged before the respondent-police, On the basis of which, the respondent-police have registered a case and investigated the matter.
4. At this stage, there are no materials on record to show that, as to what exactly the negligence committed by the petitioner and what are all the precautions have been taken for stone blasting. These aspects have to be thrashed-out during the course of full-dressed trial. Therefore, at present it is not clear, whether the alleged offences fall under Section 304 Part-II or 304-A of IPC, is also a point to be considered by the trial court at the time of evidence. At this stage, the main allegation against the petitioner was ‘carelessness’ while directing the other employees to blast the stones and he has not taken sufficient care as an ordinary prudent man so as to avoid the incident.
5. Looking to the nature of allegations and facts of the case, it is doubtful whether the alleged offence falls under Section 304-II of IPC or not. Moreover, it is stated that the petitioner himself was present at the spot at the time of incident and he was having knowledge that the stone blasting may affect him also. In such circumstance, it is very difficult at this stage to impute the offence under Section 304-II of IPC. It is submitted that, the petitioner has already been arrested and since then he has been in judicial custody, which shows that he is no more required for any further investigation.
6. In view of the above, the petitioner has made-out a good ground for grant of bail, particularly under Section 439 of Cr.PC., Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner/Accused – Bala Gangi Reddy Singam shall be released on bail in connection with Crime No.208/2019 of Chikkamagaluru Rural Police Station, Chiukkamagalur District, registered against him for the offence punishable under Sections 304(2), 286, 337, 338 R/W.
34 of IPC and Sections 3, 4 & 5 of Explosive Substances Act, now pending before the Court of I-Addl. Senior Civil Judge and JMFC, Chikkamagaluru, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper 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.
vi) The petitioner shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
Sd/-
JUDGE KGR*