MALLIKARJUNA, S/O VENKATARAYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A charge sheet is laid against the petitioners for the offence punishable under Section 338 of IPC.

(2.) Petitioner No.1 was the HR Manager and petitioner No.2 was the Factory Manager of M/s. Global Garments I situated at Yeshwanthpura, Bengaluru.

(3.) On 11.09.2013, respondent No.2 who was then working in the Dispatch Section of the factory, was moving certain garment pieces from the 2nd floor in a trolley. When the lift reached the 1st floor, the lift suddenly started moving down fast because of worn off teeth in the pinion in the gearbox of the said lift, as a result the lift fell in the basement floor from a height of 20 feet. Due to the impact, respondent No.2 sustained injuries on both his legs. Since the accident had taken place in the factory premises, the Assistant Director of Factories filed a complaint under Section 200 Cr.P.C. seeking prosecution of the Occupier-cum-Manager for the alleged violations punishable under Section 92 of the Factories Act, 1948.