JUDGMENT

Ashok G. Nijagannavar, J. - Criminal Petition No.293/2014 is filed by accused No.3 and Criminal Petition No.688/2014 is filed by accused No.4 for quashing/setting aside the FIR in Crime No.10/2014 of Kadugondanahalli Police Station, on the file of XI Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 338 and 304 (ii) r/w Section 34 of IPC.

2. These two petitions emerges out of the complaint filed by one Asimray @ Ashim Roy (respondent No.2). The complaint allegations are, that on 07.01.2014 between 10.00 A.M. to 4.00 P.M., the complainant and other labourers were engaged in construction work. Consequent to the soil getting loose, some portion was collapsed resulting in the death of one of the labourer by name Bharath and injury to another labourer Birbal. In connection with the said accidental death, the police have registered the case for the offence punishable under Sections 338 and 304 (ii) r/w Section 34 of IPC against these two petitioners and few others. These two petitioners are arrayed as accused Nos.3 and 4. They were arrested and remanded to judicial custody; thereafter, they were released on bail.

3. Heard learned Seni