Karnataka High Court
Indrapal Jalhotra vs State Of Karnataka on 21 July, 2011
IN THE HIGH COURT OF KARNATAKA AT. BANGALORE DATED THIS THE 21°" DAY OF JULY, 2011. | | BEFORE THE HON'BLE MR. JUSTICE K.N.KES! savatnainazana _ PETITION NO.3904/2011 BETWEEN: 1. INDRAPAL JALHOTRA, ° B.E., CIVIL, S/O. R.LJALHOTRA, AGED ABOUT 53 YEAR' R/O. NO.2073, SHOBA & Sic, VIJAYA BANK LAYOUT, BANGALORE-$50, 076," : 2. SUNKYNLE., 8/O. KARUNAKARAN, AGED ABOUT 42 YEARS). R/O. HOUSE NO.S54, 9A' MAIN, -- .. CLASSIC PARADISE,- _ RECUR, se BANGALORE-550 068. 3. AN.VB. PRASAL 8/0. _MiKANDESWARA RAO, "R/O. HOUBE No. 954, -. 94 MAIN, CLASSIC PARADISE, BEGUR, ~~ BANGALORE-560 068. TERN INERT ISIS NGI. RARINALARA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT Se a ee ed . PETITIONERS _ "IPC are the employees of DLF Projects Limited, Begur NE ERNIE OE RNERSSEUAR FUG COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COU - unfortunate fatal accident ocourr AND ASSTS., ADVOCATES) BY-HULIMAVU POLICE STATION, BANGALORE CITY |. RESPONDE NT (BY SRIB. RAJASUBRAMANYA A BHAT, Been RIMINAL PETITION 18: FILED u/s 8 439 eR. PC. PRAYING TO ERLARGE THE PETENONERS ON BAIL CR.NG.208/ 11 OF HULIMAVU B, &, BANGALORE CITy, FOR THE OFFENCES PI wf Sa. 04-0, S044) f AND 338 OF IPC. THIS CRIMINAL, FETITION 16 COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ons Peiitioners 1 3 who have been arra | punishatle under Sections 304-1, 304(A) and 338 of viliage, Bangalore which is a constructio ed in the project site at about 5.45pm on 30.06.201 i, when the Tel MMMEINE MAP MARINA LATINA THAGET WAJWUICE LP RAKNALAKA MIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT mi succumbed and : nother one on account of tame 2. In respect of this incident, ons G irpreet Singh an employee of DLF Proj jects Limited and. d who was at the project site at that time. tndged a 5 report with the SHO Hulimavu Police Station, beséd on which case was regintered, in Crime. 'No. 708/2011 for the aforesaid ar ae fatal: accident and "in the said accident six bustained severe inju: = any of 'thes -- 7 TENET MET VP RARNATARA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COU . for beil made before Vagstrate as well as Sessions wae ing for the respondent-State.. i have per
records made available. no, = cd counsel for
5. It is the submission. of the learne the petitioners that at thié stage, the fact that there in dispute, .dowever, question as to whether auch ea cident was on account of rash and é petitioners or death was due to : reesons is yet to be ascertained # Court that immediately officers steps. to remove the injured to the Hospital and "> kth and kin of the dead p GMMR MT MARINE LARA RIGET WGK IGP RAKNALARA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT such, there under Section 304-II of IPC aa such, petitioners are'. - to be oni account, of mechanical defect ifs . the equipme or on account of the employes working on the crane not taking, proper. 8k tens: to oir rest the head cage of the crane in @ proper way.
'6. Learned couxisel also drew the attention of this : : injured. He also drew the attention of this Court to the Se Se oe ee ae snail or the beth sides and perused | : project site resulting in the death of five pers ome INSEE GMC OP RARNALABKA MIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COU 304-II gets attracted and in of the fact that five perzons have died and one cuffered. serious injuries i g 6i0ne
8. I have setiously considered the submis the records.
ca here is no serious dispute about " the unfortunate fatal accident, which occurred rievous injuries to one. The mats 136 feet along with workers therein é 'probable | ease. According to this ~MMIRE MAP MARRNALARATTIOR GUURKT OP KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT ima facie indicates that the victims were working on the hydraulic crane and the Telescopic head hydraulic crane suddenly came the workers being thrown out of the age and ait 'of | staif visited. the project site. and inspection 'and collecting information from the persons report, probable cause was. "*Genlly at any given time the feet of the Te ENN, MAE NARINATARA THGE COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COU _ Even the manufacturer of the hydraulic crane appears mechanism and the feet of the Telescopic is held through Hydraulic jack and Yoke.
1) It is suspected that the hydraulic jack resting: -
on yoke hae failed and the telescopic: cage is _ free from supporting, resulting in' slide down | amd crashing onto the bottom 'of the 'Tower crane.
2) It is alzo understood. from 'the explanations provides! by. Mer. F Manjunath-OM projects PM that the top tele pic cage Linsup ported at the metant of 7 fall .
ft en (refuse the relief of 'bail to the | other. two petitioners are also employees of DLF Projects "Limited. Having regard to the facts and 7 Smee MEUMARISEATARA THGE COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COU 10 this Couri is of the.
considered opinion that there are rio réeavonable _ grounds to believe that the petitioners herein ure guilty _ of the offence punishable under Section 304-II of IPC. Offences punishable under Sections-304A and 338 of IPC are bailable offence punishable with sentence or imprisonment for a period of two years.
12. | Having regard to the facts and of the case and the mature of the offen Court is of the opiaion that there are no grounds * of the case, I find no circumstances cd oe) Te MEN EE MARIATARA TG COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT In this view of the ec. opinion "that the .
Crime No.208/ 201 1 of Hulimavu Police 'Station, on each of them exec: ating personal bonsi for a sum of Rs.2,00,000/ I with 'tyo. solvent local suretica fi likesum. to the satisfaction of the Le:
and subject to furttier coriditions:
i | that the petitioners shall not tamper or
- "terrarize the prosecution witnesses in any ee aD ™ Seen ME NARTAIARA THGE COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COU & 12 that the petitioners shall not leave the jurisdiction of the Court concerned without that the petitioners: el eek oe _ report.
"Bays boda ch fudge