DEEPAK KUMAR Vs. SUB-INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioners are before this Court calling in question proceedings in C.C.No.6755/2020 pending on the file of XLI Additional Chief Metropolitan Magistrate, Bengaluru.

(2.) Heard the learned Senior counsel, Sri. Murthy D. Naik and Sri. Shankar H.S., learned HCGP appearing for respondent No.1.

(3.) The petitioners, who are the employees of M/s. KEHEMS Technologies Pvt. Ltd., enter into a annual maintenance contract for heat pumps with the Grand Mercure Hotel, Bengaluru on 31/3/2019. It transpires that on 15/2/2020, Grand Mercure Hotel raises a complaint with regard to certain defects in heat pumps at their hotel. Accordingly, a Branch Co-ordinator was deputed to attend to the complaint. On 15/2/2020, an accidental blast takes place while servicing the heat pump, in which, the respondent No.2 - Service Engineer and another by name Jeswin M.V., both employees of M/s. KEHEMS Technologies Pvt. Ltd. were injured. Subsequently, on 21/2/2020, Sri. Jeswin M.V., succumbed to the injuries. Based upon the said accident, proceedings were instituted against the petitioners for offences punishable under Ss. 304A and 338 of the IPC. The petitioners are accused Nos.4 and 5 in the said proceeding. While filing the charge sheet, the employees of Grand Mercure Hotel have been left and the petitioners, who are the employees of M/s. KEHEMS Technologies Pvt. Ltd., who had annual service contract agreement with Grand Mercure Hotel are hauled into these proceedings. It is at that juncture, the petitioners have knocked the doors of this Court.