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The Police Sub-Inspector of Basavanagudi Traffic Police Station has filed charge sheet against the accused No.1 for the offence punishable under Sec.279 & 338 of IPC, Sec.134(a and b) R/w.187 of M.V.Act, against accused No.2 for the offences punishable U/Sec.146 R/w Sec.196 of IMV Act.

2. The brief facts of the prosecution case are as under: -

That on 24-12-2020 at about 1.24 p.m. accused No.1 being the driver of Honda City Car bearing registration No.KA-51-Z-5090 drove the same on Ashok Nagar, 3rd cross road in a rash and negligent manner so as to endanger human life he dashed to the pedestrian Master Puneeth, aged about 5 years, in front of H.No.706. Due to the impact Master Punith sustained grievous injuries. Further the accused No.1 did not provide medical aid to the injured nor C.C. No.193/2021 he intimated the police about the accident. Further it is alleged that the accused No.2 being the owner of the offending vehicle was not having valid insurance policy to the offending vehicle at the time of accident. Thereby the accused No.1 has committed an offences punishable under Sec.279 & 338 of IPC, Sec.134a (a and b) R/w.187 of IMV Act, and accused No.2 has committed offences punishable under Sec.146 R/w.196 of IMV Act.

3. Upon taking cognizance, case came to be registered against accused No.1 for the offences punishable U/s.279 & 338 of IPC, Sec.134(a and b) R/w.187 of M.V.Act. The accused No.1 appeared before the court through his counsel & got enlarged on bail. Charge sheet copies furnished to the accused and thereby provision U/s.207 of Cr.P.C. duly complied with.

4. Plea came to be framed for the offences U/s.279 & 338 of IPC, Sec.134(a and b) R/w.187 of M.V.Act for which accused pleaded not guilty claimed to be tried and accused No.2 pleaded guilty.

Point No.1 : In the negative Point No.2 : In the negative Point No.3 : In the negative Point No.4 : As per final order For the following REASONS

9. POINT Nos.1 to 3 : For the sake of convenience and to avoid repetition of facts, these points are taken up for common discussions to have brevity.

10. The prosecution case against the accused No.1 is that on 24-12-2020 at about 1.24 p.m. accused No.1 being the driver of Honda Citi Car bearing registration No.KA-51-Z- 5090 drove the same on Ashok Nagar, 3 rd cross road in a rash and negligent manner so as to endanger human life he dashed to the pedestrian Master Puneeth, aged about 5 years, in front of H.No.706. Due to the impact Master Puneeth sustained grievous injuries. Further the accused No.1 did not provide medical aid to the injured nor he intimated the police about the accident. Thereby the accused No.1 has committed an offences punishable under Sec.279 & 338 of IPC, Sec.134a (a and b) R/w.187 of IMV Act.

24. POINT No.4: In view of the findings on Point Nos.1 and 2, this court proceeds to pass the following:

ORDER Acting U/sec. 255(1) of Criminal procedure code, the accused is hereby acquitted of the offences alleged against him punishable U/sec. 279 and 338 of IPC, Sec.134(a and b) R/w.187 of M.V.Act.
The bail bonds of accused and surety bonds shall stands cancelled after the appeal period.