GANESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned HCGP for the State.

(2.) This petition under Section 439 of Cr.P.C. is filed seeking enlargement of petitioner on bail in Crime No.35/2019, registered in Indi Police Station for offences punishable under Sections 304, R/W 34 of IPC R/W 3(1) (j) and 3 (2) (Va) of SC and ST Act 1989 and Sec.5(1) (b) of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013.

(3.) Shri Huleppa Heroor, learned counsel for the petitioner arguing in support of the petition contended that the petitioner is the Manager of a hotel run in the name and style as 'Amar International Hotel' at Indi. It is alleged that, hotel owner and petitioner had engaged the complainant's husband, deceased Lalappa to clean the Septic Tank. The complain alleged that Lalappa died due to asphyxia, as a result of suffocation. Learned counsel further submits that the owner of the hotel by name Shri Gudusab also died while cleaning the Septic Tank with Lalappa. He submits that offences alleged are negligence on the part of the owner of the hotel and petitioner had no role. Accordingly, he prays for allowing this petition.