VIVEK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by accused No.5 under Section 439 of Cr.P.C. to enlarge him on bail in Special CC.No.1/2019 arising out of Crime No.46/2019 of Dharwad Sub-Urban Police Station for the offences punishable under Sections 304, 201, 420, 465, 468, 471 of IPC.

(2.) I have heard Sri Ravi B.Naik, the learned Senior Counsel appearing for the petitioner-accused No.5 and Sri P.M.Banakar, learned Additional SPP for the respondent-State through video conference.

(3.) The genesis of the case of the prosecution is that the Assistant commissioner, HDMC, filed the complaint alleging that R.S.No.1, Housing Site bearing Nos.11A to 11E, measuring 9 guntas 3.50 anas of Kumareshwarnagar, Dharwad was purchased by a partnership firm M/s. Sri Renukadevi Constructions, Dharwad. It is further alleged in the complaint that the said firm sought permission for construction of a commercial building by preparing the plan and construction work was started after obtaining necessary permission. Since basement and two parking basements were finished with all work, they requested to issue permission to occupy the same through all the partners and the Corporation has given permission to use the ground floor and first floor subject to imposing the condition that they have to take security and safety measures and it is the owners, Architect and the building Engineers who are responsible to any act as the remaining building was under construction. The owners of the firm and the person who prepared the map and the supervisors have not followed the rules and they have constructed the low quality work by using low quality material and even though they knew that by use of such material if it is constructed, it will be endangering to human life and in spite of that with an intention/knowledge, they constructed the said building and let out the basement though the building was under construction. In that light, on 19.3.2019 at about 4.00 p.m, the entire building collapsed because of the low quality work and as a result of the same, 19 lives have been lost, about 54 persons suffered injuries and the material kept was damaged. On the basis of the said complaint, a case has been registered.