RAKESH KUMAR BOHARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition filed under Sec. 397 r/w 401 Cr.P.C is by the complainant challenging the impugned order passed by the trial Court allowing the application filed by accused Nos.1 and 2 under Sec. 227 of Cr.P.C. seeking discharge.

(2.) For the sake of convenience, parties are referred to by their ranks before the trial Court.

(3.) In the charge sheet, it is alleged that on 7/10/2015, accused No.1 had met with an accident and sustained fracture to his right hand and was having POP plaster. Therefore he was not able to drive the offending vehicle and was aware of the fact that in such situation if he drives the vehicle, it may cause accident and endanger to the life and property of others. Despite the same on 24/10/2015, at 12.30 p.m., accused No.1 drove the offending vehicle belonging to accused No.2 along with deceased Sourabh Kumar Jain in the front passenger seat plying from Udaipur village towards Channarayapatna in a rash or negligent manner. As a result of which accused No.1 lost control over the vehicle and in the down gradient the vehicle toppled and thereby accused No.1 has committed offences punishable under Ss. 279, 304-A and 304 I.P.C. r/w Ss. 186 and 181 of IMV Act. In the said accident, deceased Sourabh Kumar Jain sustained grievous injuries and died on the spot.