PARASHURAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the accused No.2 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short) for granting bail in C.C.o.1629/2022 pending on the file of II J.M.F.C., Hubballi, in respect of Crime No.70/2022 registered by Hubballi Rural Police for the offence punishable under Ss. 279, 337, 338, 304 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for short).

(2.) Heard the arguments of the learned counsel for petitioner and learned High Court Government Pleader for respondent.

(3.) The case of the prosecution is that one Shankar Bevinamarad, Police Officer AHC 290 filed a complaint on 5/4/2022 alleging that they received information that a tree and a KEB pole have fallen down on the road and a rider of the motorcycle has dashed to the said KEB pole and the said motorcycle has fallen down near Anchatageri road near Rasta-63 Hotel, Hubballi. Immediately, the complainant along with other police officials, went to the spot. When the police officials were clearing the road, accused No.1 said to have driven the lorry in a rash and negligent manner so as to endanger the human life, dashed against Police Constables and other three persons. The Police Constable died on the spot and other two persons Hanumantha and Shivalingappa died on the way to the hospital. That apart, other police officials and other two persons sustained grievous injuries. Initially Sec. 304 of IPC was invoked and after the investigation, the police filed charge sheet against the accused persons for the offence punishable under Sec. 304 of IPC. The petitioner being the owner of the lorry, on 5/4/2022, he said to have given the vehicle to the accused No.1 who did not have valid driving licence. This petitioner and accused No.1 earlier filed Crl.P.No.101439/2022 which came to be withdrawn on 25/5/2022. Now the charge sheet is filed. Hence, accused No.2 is before this Court with changed circumstances.