PAKARIAH SANGAIAH HALAKERI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is considered for final disposal even at the stage of admission.

(2.) The petitioner was said to be a driver of a bus belonging to the Karnataka State Road Transport Corporation (hereinafter referred to as 'the KSRTC', for brevity).

(3.) The learned counsel for the petitioner would contend that the accident has occurred not on account of any rash and negligent driving. The front left side tyre of the bus had burst and it is as a result of which the vehicle had gone out of control and had turned turtle. This circumstances is stated by the conductor of the bus. The time being 3.00 a.m., it was but natural that the passengers were asleep and though several of the passengers were examined as witnesses, the said witnesses not having spoken to the fact that the front side tyre of the bus had burst, is not unusual. Both the courts below have overlooked this defence of the accused which is supported by the conductor of the bus and have proceeded to impose a severe punishment of simple imprisonment of six months, though the petitioner could not be blamed for the accident, as it was not his fault that the bus had gone out of control. Apart from this primary contention, several other grounds are also raised. The learned counsel for the petitioner seeks to urge the same.