ORDER :

1. Petitioner has sought to quash the proceedings initiated against him in C.C.No.10878/2016 pending on the file of the Metropolitan Magistrate, Traffic Court-III at Bengaluru for the offences punishable under sections 279, 304A of Indian Penal Code and sections 134(a) and (b) read with 187 of Indian Motor Vehicles Act, 1988.

2. The petitioner is shown as accused No.2 in the charge-sheet. The case of the prosecution is that on 13.02.2016 at about 15.05 hours, accused No.1 being the driver of a tipper lorry bearing registration No.KA.02.AE.0928 drove the said vehicle in a rash and negligent manner and dashed against the motorcycle bearing No.KA.02.EL.2449 driven by the deceased, leading to his death in front of Balaji Motors, Srinivasapura, Kogilu-Bellalli Main Road, Yelahanka.

3. The allegation against the present petitioner is that he being the Supervisor Engineer of M/s. Malu Constructions (India) Pvt., Ltd., while executing the work order issued by Bengaluru Water Supply Board pertaining to laying of water pipe, had negligently left a heap of mud on the road without taking precautionary measures leading to accident resulting in the death of the rider of the motor cycle. The