RAHUL KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 26/7/2023 for the offence punishable under Ss. 283, 304(A) @ 283, 304(2) IPC in Crime No.457 of 2023 on the file of the respondent police, seeks bail.

(2.) Learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated as an accused in a case registered for the offences punishable under Ss. 283, 304(A) and subsequently altered under Ss. 283, 304(2) IPC in Crime No.457 of 2023. He further submitted that, petitioner is the driver of the lorry bearing No.KA 34 B 8001. He is implicated as an accused, for the reason that, he parked the lorry on the wrong side of the road at GNT Road near Kaaranodai Athur overbridge and that was the reason for the deceased to hit the lorry from behind. Petitioner was not responsible for the accident, but it is the deceased who was responsible for the accident. In the said circumstances, he seeks bail to the petitioner.

(3.) In response, learned Additional Public Prosecutor opposes this petition, on the ground that, the main reason for the accident was parking of the lorry in the wrong side of the road i.e., right side of the road. Though, first information report was registered under Ss. 283, 304(A), it was subsequently altered under Ss. 283, 304(2) IPC. The investigation in this case is pending. However, he seeks for dismissal of this petition.