JUDGMENT :

1. Though this matter is listed for admission today, with the consent of both the learned counsel it is taken up for final disposal.

2. This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the police report (Charge Sheet) filed against the petitioner, who has been arraigned as accused No.2 for an offence punishable under Section 304-A of IPC in C.C.No.54301/2015 on the file of X ACMM., Mayo Hall, Bengaluru City and pass such other order/s as this Court deemed fit in the facts and circumstances of the case.

3. The factual matrix of the case is that this petitioner is a Chairman of National Public School ('NPS' for short), Bengaluru. The NPS has many branches and one of the branches is near BSNL office HAL second stage, Bengaluru City. Two huge rain trees were standing on the eastern side of the compound wall of the NPS leaning towards the sports ground of the school. The said leaning trees had already damaged the compound wall by crashing it to two to three feet and it was looking as though they might fall completely in the play area. Therefore to avoid an unpleasant calamity the senior principal of the said school requested the Assistant Conservator of Forest BBMP Bengaluru to grant necessary permission or to take necessary action to cut those trees.

4. In pursuance of the said request the tree officer / Assistant Conservator of Forest BBMP East, Bengaluru issued a permission to cut those trees vide permission letter dated 01.03.2013. There were some trees in the premises of the BSNL which is adjacent to the NPS School, Indira Nagara and the BSNL authorities had got cut those trees through one Syed Zakir, who is one of the charge sheet witnesses. Therefore, the petitioner also asked Sri Syed Zakir, to cut the trees which were in the premises of the NPS School, Sri Syed Zakir brought one Sri Firoz who is arraigned as accused No.1 and introduced to the petitioner and Firoz agreed to cut those trees for Rs.16,000/-. Sri Firoz has his own team of cutting the trees. The deceased Yusuf and other prosecution witnesses namely Nasir Ahmed and others were the members of the tree cutting team of accused No.1-Fayaz and Syed Zakir.

5. That on 17.03.2013 as usual at about 8:30 a.m, deceased Yusuf and accused No.1-Firoz Nasir Ahmed and others went to the premises of NPS School, Indira Nagara and they cut one rain tree with the help of the tree cutting machine. The other tree was by the side of the said cut tree. With a view to cut this tree a rope was tied to the upper portion of the tree and the deceased Yusuf tied the other end of the rope to his waist and climbed the tree. The other end of the rope was held by P.Raju and Imtiyaz for the support. The deceased climbed the tree and thereafter Sri Zakir sent to the tree cutting machine to the deceased with the help of a rope.

6. During the course of cutting the branch of the tree, the said branch of the tree fell on the deceased and consequently the deceased fell down and thereafter he succumbed to the injuries. Hence, a case has been registered at the first instance against the Contractor and also the Management. The police after investigation while filing the charge sheet arraigned this petitioner, who is the Chairman of the School as accused No.2. Hence, the present petition is filed before this Court.

7. The main contention of learned counsel for the petitioner before this Court is that in order to attract Section 304-A, there must be a direct cause and after taking permission from the concerned Department only, the work was entrusted to accused N.1 to cut and remove the said trees. There is no nexus between the death of the deceased and this petitioner. The police have committed an error in implicating this petitioner, who is the Chairman of the School as accused No.2 and there is no any causa causans for the collapse to the building and also the death of the said Yusuf. Hence, it requires an interference of this Court.

8. The learned counsel appearing for t