K.S. HARISH AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is the Proprietor of M/s. Prakruthi Agro Cocopeat Industries, situated at No. 1859/01, 10th Main, Banashankari II Stage, Kodihalli, Bengaluru -70. Mr. K.S. Harish S/o Shekarappa, is the designated occupier of the said factory. On 27.01.2012, one Smt. Chandramma, working at coconut coir wastage stock yard met with an accident, sustained grievous injury and succumbed on the spot. A complaint having been filed by Mr. Rangappa, Srirampura Police registered FIR in Crime No. 14/2012 against the petitioner and said K.S. Harish, for the offences punishable under Sections 287 and 304(A) r/w Section 34, IPC. After investigation, charge sheet having been filed, cognizance of the offences under Sections 287, 304(A) r/w 34, IPC, was taken, CC. No. 262/2012 was registered against the petitioner and said K.S. Harish. Summons having been issued, petitioner and said K.S. Harish, arraigned as accused Nos. 2 and 1 respectively having appeared were enlarged on bail by the Additional Civil Judge and JMFC, Hosadurga. Seeking quashing of the said proceeding, this petition was initially filed by both K.S. Harish and the petitioner, occupier and proprietor respectively of said M/s. Prakruthi Agro Cocopeat Industries. By an order dated 29.07.2015, petition insofar as K.S. Harish is concerned was dismissed as withdrawn by recording submission of Sri. S.B. Pavin, learned advocate. This petition was confined for consideration of the case of Mr. Varun C.P., arraigned as accused No. 2 in C.C. No. 262/2012, on the file of Additional Civil Judge and JMFC, Hosadurga. Petitioner having informed the Labour Officer and the Commissioner of Workmen's Compensation regarding the said tragic incident in his factory premises, pursuant to a claim made by the LRs' of said deceased and the judgment and award dated 02.02.2012 vide Annexure - G, Rs. 4,26,510/ - was deposited as the workmen compensation and is stated to have been released in favour of the claimants.

(2.) THE Assistant Director of Factories, Davanagere Division, appointed as the Inspector of Factories, under the Factories Act, 1948, filed a complaint vide Annexure -E against C.P. Varun, by showing him as the Occupier and his father - C.P. Prasanna, as the Factory Manager of M/s. Prakruthi Agro Cocopeat Industries. Cognizance of the offence was taken and C.C. No. 232/2012 was registered by the Civil Judge and JMFC, Hosadurga, on 26.04.2012. In response to the summons, both accused having appeared and pleaded guilty, by an order dated 08.08.2012, in exercise of the power under Section 252, Cr.P.C., the accused were convicted for the offences punishable under Section 21(1)(iv)(b) of Karnataka Factories Act, 1948 and sentenced to pay fine of Rs. 40,000/ - each, and in default of payment of fine to undergo SI for a period of one month. The accused were convicted for the offence punishable under Rule 3(1) of the Karnataka Factories Rules, 1969 and sentenced to pay fine of Rs. 5,000/ - each, and in default of payment of fine to undergo SI for a period of one month. They were convicted for the offence punishable under Rule 4(1) of the Karnataka Factories Rules, 1969 and sentenced to pay fine of Rs. 5,000/ -, in default, to undergo SI for a period of two months. The total fine amount imposed was Rs. 1,00,000/ - and all the sentences were ordered to run concurrently. The fine amount has been deposited, which is clear from the order sheet of the case annexed to this petition.

(3.) SRI . S.B. Pavin, learned advocate contended that on account of the judgment passed in C.C. No. 232/2012 and the sentence imposed therein, the respondent is unjustified in prosecuting the petitioner in respect of the same incident, again in C.C. No. 262/2012. Reliance was placed on the decision in Ashwini Kumar Singh & another v. State of Jharkhand,, 2007 LLR 866 and an order dated 10.11.2014 passed in Crl. P. No. 6042/2014.