BALA GANGI REDDY SINGAM Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent -State. Perused the records.

(2.) The petitioner is arraigned as Accused No.1 in Crime No.208/2019 of Chikkamagaluru Rural Police Station, Chikkamagaluru, for the offence punishable under Sections 304(2) , 286 , 337 , 338 r/w. 34 of IPC and Sections 3 , 4 & 5 of Explosive Substances Act.

(3.) The brief facts of the case are that, on 07.09.2019 at about 6.30pm., the petitioner and other accused persons including the Break Operator Mr. Sanod Darve, Omkar, Shobith Singh have made all preparations for stone quarry crushing in the property of one Shanthegowda situated at Marle Village Stone Quarry by using the explosive substances for the purpose of blasting stones on the instruction of one Mr. Balagangareddy. At the time of stone blasting, the deceased Sanoj Darve and other persons were also present at the spot. It is alleged that the accused persons were used explosive substances for the purpose of blasting stones. In that context, it is alleged that on 07.09.2019, in the evening at about 6.30 p.m., the petitioner was giving instructions to the other employees for the purpose of blasting stones. They have in fact drilled the stones, made holes and filled the explosive substances in those holes and as per the direction of the petitioner, the stones were blasted and at that time the stone pieces splashed around, which caused injuries to the employees including one Sanoj Darve. In that incident, unfortunately, Sanoj Darve has sustained severe injuries and he succumbed to those injuries later. On the above said allegations, a complaint came to the lodged before the respondent-police, On the basis of which, the respondent-police have registered a case and investigated the matter.