ABDUL HAKKEEM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner -accused No.2 under Sec. 438 of Cr.P.C., seeking anticipatory bail in the event of his arrest in Crime No.58/2022 (C.C.No.271/2022) of Gundlupete Police Station, Chamarajanagara District, pending before CJ and JMFC Court, Gundlupete, for the offences punishable under Ss. 308, 304, 427 read with Sec. 34 of the Indian Penal Code (' IPC ' for short).

(2.) The brief factual matrix leading to the case are that a geologist- complainant has lodged the complaint on 4/3/2022 alleging that in Sy.No.192 while quarry is being undertaken by accused No.1, there was a accident regarding collapsing of the stones, mud and as a result, three persons died. It is also alleged that accused No.1 is the license holder for running a quarry while accused No.2 was the supervisor. In this regard, the complaint was lodged for the offence under Sec. 308 of IPC. After investigation, the Investigating Officer has submitted the charge sheet against the accused for the offences punishable under Ss. 308, 304, 427 read with Sec. 34 of IPC.

(3.) Learned counsel for the petitioner would contend that he is arrayed as accused No.2 and accused Nos.1 and 3 have been granted regular bail. He would also contend that accused No.2 was never supervised the quarry and he had never appointed any workers for the alleged quarry as asserted by the complainant. He would further contend that he was not in station and he was somewhere else during the alleged incident and he is nowhere concerned with the alleged incident. He would further contend that if he is taken into custody, his image would be tarnished and he undertakes to abide by the terms and conditions to be imposed by this Court. Hence, he would seek for enlarging him on anticipatory bail.