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The Sub­Inspector of H.S.R. Layout Traffic Police Station has filed the charge sheet against the accused for the offences punishable U/Sec.279, 337, 338 of IPC, Sec.134(A&B) R/w 187, Sec.56 R/w 192(A) of IMV Act.

2. It is the case of the prosecution that on 27.12.2019 at 11.30 p.m. the accused being the rider of Tata Indica taxi bearing registration No.KA­54­6161 drove the same within the jurisdiction of HSR Layout Traffic police station on Outer ring road, from Ibbaluru towards Silk Board in a rash and negligent manner so as to endanger human life and at HSR Layout BMTC bus depot junction dashed to C.W.1 and C.W.2's motor cycle bearing No.CG­ 04­KC­5732 and KA­51­HE­2455 respectively when they proceeding in same direction, due to the impact both riders fell down and C.W.1 sustained grievous injuries and C.W.2 sustained simple injuries. Further on the day of accident the accused did not provide medical aid to the injured nor he intimated the police about the accident and the alleged vehicle does not have valid F.C. Thereby the accused is alleged to have committed the offences C.C.No.3910/2020 punishable U/Sec.279, 337, 338 of IPC, Sec.134(A&B) R/w 187, Sec.56 R/w 192(A) of IMV Act.

3. Upon taking cognizance, case came to be registered against accused for the offences punishable U/Sec.279, 337, 338 of IPC, Sec.134(A&B) R/w 187, Sec.56 R/w 192(A) of IMV Act. The accused 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/Sec.279, 337, 338 of IPC, Sec.134(A&B) R/w 187, Sec.56 R/w 192(A) of IMV Act for which accused pleaded not guilty claimed to be tried.

17. In the instant case the prosecution is alleging that due to rash and negligent driving of the accused driver is the vital point to book him u/s 279 IPC or section 338 IPC.

18. Sec. 279 of IPC deals with rash and negligent driving any vehicle or riding on a public way in rash and negligent manner so as to endanger human life or likely to cause hurt or injury to any person. In order to constitute an offence U/sec. 279 of IPC, it must be established that the accused was driving the vehicle on a public way in a rash and negligent manner to endanger human life or to likely cause hurt or injury to any other person. For the purpose of section 279 of IPC, rash and negligent may be described as criminal rashness or criminal negligence. It must be more than mere carelessness of error of judgment. The essential ingredients of Sec. 279 of IPC are; i) Rash and negligent driving or riding on public way. (ii) The act must be such as to endanger human life or likely to cause hurt or injury to any person. Regarding rash or negligent driving Hon'ble Supreme Court in the case of Ravi Kapur ­Vs­State of Rajasthan in AIR 2012 SC 2986 observed as follows :­ C.C.No.3910/2020

C.C.No.3910/2020

23. POINT No.4: In view of the above discussions and findings I proceed to pass the following ORDER Acting U/s.255(1) of Criminal Procedure code, the accused is hereby acquitted of the offences alleged against him punishable U/Sec.279, 337, 338 of IPC & Sec.134(A&B) R/w 187of IMV Act.