MANJAPPA CHAKRASALI Vs. STAT OF KARNATAKA

JUDGEMENT

(1.) Revision petitioner/accused feeling aggrieved by judgment of first appellate Court on the file of III Addl. District and Sessions Judge, Ballari, (sitting at Hosapete), in Crl.A.No.5024/2015 dtd. 28/9/2016 preferred this appeal.

(2.) Parties to the revision petition are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 2/3/2012 at about 3.45 p.m. on Hadagali-Hirehadagali road at Thippapura village near the land of Mabusab, accused being the driver of KSRTC bus bearing registration No.KA-32/F-1449 drove the same with high speed in rash and negligent manner. On account of the said actionable negligence of accused dashed to TVS XL heavy duty moped bearing registration No.KA-27/U- 8286 driven by Nagya Naik s/o Dakananaik along with pillion rider, mother - Seethavva, from its back side, due to which they sustained grievous injuries and succumbed to such accidental injuries. The prosecution alleges that due to actionable negligence of accused in driving the bus, accident in question occurred leading to the death of rider of motorcycle and pillion rider. On these allegations made in the complaint, Investigation Officer on completion of investigation, filed charge-sheet.