D. VILAS DOMBAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Government Pleader.

(2.) IT is alleged that the present petitioner was said to be the driver of a bus bearing registration No. KA -40 -F -174, belonging to the Karnataka State Road Transport Corporation and he was driving the bus from Bangalore to Chitradurga on 13.4.2008 at about 12.30 a.m. It transpires that near Imatha hotel, Shira, the bus had taken a turn towards the right to enter the bypass road at Shira, at which point of time, a car bearing registration No. KA -16 -M -2930, which was following the bus, had dashed into the bus, as a result of which, a passenger of the car, namely, P.W. 1, P.E. Venkataswamy had sustained a simple injury and another passenger, P.W. 2 P.M. Chandrashekar, had sustained a grievous injury. This had resulted in a complaint being registered by the Shira Police, who, in turn, are said to have visited the spot, prepared a mahazar and seized the vehicles. After investigation, a charge sheet was submitted and the accused had entered appearance and pleaded not guilty and claimed to be tried. Hence, the matter was posted for prosecution evidence and the prosecution had examined P.Ws. 1 to 11 and had marked ten documents as Exhibits P. 1 to P. 10 and after recording the statement of the accused and after hearing both sides, the Court below had framed the following point for its consideration: - -

(3.) WHILE the learned Government Pleader, on the other hand, seeks to justify the judgment.