STATE OF KARNATAKA Vs. NAGARAJ ITHAL

JUDGEMENT

(1.) The appellant/State has preferred this appeal against the judgment of acquittal dtd. 1/3/2016 passed in CC No.353 of 2013 by the Additional Civil Judge and JMFC, Kundapura (for short hereinafter referred to as the "trial Court").

(2.) For the sake of convenience, the parties in this appeal are referred to with their status and rank before the trial Court.

(3.) Brief facts of the case of the prosecution is that on 12/10/2012 at 1.45 pm, opposite to Varadaraj Shetty Smaraka Degree College, Koteshwara Kageri, the accused being the driver of bus bearing registration No.KA-20/A-2858 drove the same in a rash and negligent manner towards Koteshwara from Haladi, so as to endanger human life and dashed against a motorcycle bearing registration No.KA-20/S5419 from behind which was coming from Basrur road towards Koteshwara, due to which both rider and pillion rider fell, whereby the rider sustained simple injuries and the pillion rider-Malathi sustained grievous injuries. Immediately, she was shifted to NR Acharya Hospital and later shifted to KMC Hospital, Manipal and was further shifted to Adarsha Hospital, Udupi where she succumbed to the injuries on 13/10/2012. It is further stated that after the accident, the accused failed to provide medical assistance to the injured and also failed to intimate to the nearest police station regarding the accident. Thus, accused committed the offence punishable under Sec. 279, 337 and 304(A) of Indian Penal Code and Sec. 134(a) and (b) read with 187 of the Motor Vehicles Act.