B E CHANDRASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed under section 482 of Cr. P. C. to quash the charge-sheet in Crime No. 152/2000 registered by the Peenya Police, Bangalore City and the proceedings in C. C. No. 16443/2001 on the file of the VII Additional CMM, Bangalore.

(2.) THE facts leading to the filing of the petition can be summarized as follows : The petitioners 1, 2 and 3 are accused 1, 2 and

(3.) AT the relevant point of time, when the accident/incident occurred, accused No. 1 was the Chief Engineer of Transmission, accused No. 2 was the Superintending Engineer, srs station and accused No. 3 was the Assistant Executive Engineer. As of now, all the petitioners/accused are no longer in service. The matrix of the prosecution case is that on 5-4-2000 at about 2. 30 p. m. , a couple of children were playing with a ball. During the said play, the ball fell on the roof top of M/s. Sonata Machine Tools Factory. The prosecution case is that the said roof does not have any access either by staircase or by any other means. One of the boys, namely, Raja climbed on to the rooftop and with a plea tried to retrieve the said ball. To his misfortune, the pole came in contact with high Tension Wire which was running on top of the building and he was electrocuted. The said high-tension line is of capacity of 66 KV single line which runs from Peenya onwards and feeds the Neelamangala substation. Suffice it so say that after the pole came in contact with live wire, there was tripping, which would necessarily mean that the power was shut off. Accused No. 3 promptly went to the place and found that the boy was seriously injured. The injured boy was taken to the Victoria hospital. The boy, Raja succumbed to the injuries on 8-4-2000 at about 5. 15 a. m. The brother of the deceased, Raju lodged a complaint with the jurisdiction Peenya Police. Regarding the incident, the Peenya Police registered a case in UDR No. 23/2000. Inquest was done. During the investigation of the UDR case, the Inspector of Peenya Police would file a report and on the basis of the said report, a case is registered in Crime No. 152/2000 by the said Peenya Police for the offences punishable under Sections 427 and 304-A of Indian Penal Code. Thereafter, investigation is taken up. The statements of the neighbours and that of all the other persons were recorded. A charge-sheet has been filed. The said initiation of proceedings in Crime no. 152/2000 culminated in filing of the charge-sheet is questioned in this petition. 3. The basis for filing of the charge-sheet are on four grounds :