SUNDAR P GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner- accused No.1 challenging the order passed by III Additional District and Sessions Judge, Ramanagar in S.C.No.77/2017 dated 17.08.2019, whereunder the application filed under Section 227 of Cr.P.C was dismissed as against the accused Nos.1 to 5 and was allowed in respect of accused No.6 and discharged for the offence punishable under Section 304 II read with 34 of IPC.

(2.) I have heard the learned counsel Sri. M.S. Shyamsundar for petitioner-accused No.1 and Sri. V.M. Sheelvant the Special Public Prosecutor-I for respondent-State.

(3.) The brief facts of the case are that accused No.1 being the producer, accused No.2 - R. Nagashekar being the Director, accused No.3 - Maradappa @ Siddharth @ Siddu being Assistant Director, accused No.4 - K. Ravikumar @ Ravivarma being Stunt Director and accused No.5 - S.Bharath Rao being the Unit/production Manager of Kannada movie called 'Masthigudi' were intending to shoot the climax scene of the said movie at the back water of Thippagondanahalli Reservoir by using a Helicopter. It is further alleged that in the process of shooting the climax scene, the accused Nos.1 to 5 along with accused No.6 on 07.11.2016 at 2.45 p.m., violated the conditions of licenses and permissions granted by public authority. In that process, the accused persons made actor "Duniya Vijay"? the Hero of the movie and actors "Raghav Uday"? and "Anil Kumar"? the Villains of Masthigudi, boarded the Helicopter along with the Stunt Director - accused No.4. The Helicopter with its doors open was hovering at a height of 25 to 30 feet at right middle of Thippagondanahalli Reservoir. At that time, the Stunt Director had made the said actors to jump off the Helicopter, which was hovering. After the said jump off, the actors/Villains drowned in the said water. The accused persons were knowing fully well that the Villains Actors were not knowing swimming and without taking adequate precautionary measures thereby committed offence punishable under Section 304 read with 34 of IPC.