NARASIMHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed by the accused challenging the judgment and order of conviction and sentence dtd. 27/11/2010 passed by the Metropolitan Magistrate, Traffic Court-III, Bengaluru, in C.C.No.335/2008 and the judgment and order dtd. 9/4/2014 passed by the Fast Track Court No.VIII, Bengaluru, in Crl.A.No.893/2010.

(2.) Heard the learned Amicus Curiae appearing for the petitioner and also the learned HCGP on behalf of the respondent-State.

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this petition are, PW-1 - Chikkaramaiah had lodged a complaint before the police on 14/7/2007 at 7.15 a.m. stating that at about 6.15 a.m., when he was returning from duty in Bata India Company, one B.N.Ramesh who was his co-employee came in his motor cycle bearing registration No.KA-02-EY-4158 from Brindavan side to attend duty and at that time, the BMTC bus bearing registration No.KA-05-B-5448 which was driven by the petitioner came from the opposite direction in a rash and negligent manner and dashed against the motorcycle and as a result Ramesh fell down and sustained grievous injuries. Immediately, he was shifted to the hospital. On the basis of the said complaint, the police had registered a case in Crime No.230/2007 against the petitioner herein for the offences punishable under Ss. 279 & 337 IPC. Subsequently, the injured B.N.Ramesh had succumbed to the injuries in the hospital, and therefore, Sec. 304-A IPC was also invoked against the petitioner and the police after investigation had filed charge sheet against the petitioner for the offences under Ss. 279 & 304-A IPC.