JUDGMENT :

1. The petitioners are before this Court calling in question proceedings in C.C.No.6755/2020 pending on the file of XLI Additional Chief Metropolitan Magistrate, Bengaluru.

2. Heard the learned Senior counsel, Sri. Murthy D. Naik and Sri. Shankar H.S., learned HCGP appearing for respondent No.1.

3. The petitioners, who are the employees of M/s. KEHEMS Technologies Pvt. Ltd., enter into a annual maintenance contract for heat pumps with the Grand Mercure Hotel, Bengaluru on 31/3/2019. It transpires that on 15/2/2020, Grand Mercure Hotel raises a complaint with regard to certain defects in heat pumps at their hotel. Accordingly, a Branch Co-ordinator was deputed to attend to the complaint. On 15/2/2020, an accidental blast takes place while servicing the heat pump, in which, the respondent No.2 - Service Engineer and another by name Jeswin M.V., both employees of M/s. KEHEMS Technologies Pvt. Ltd. were injured. Subsequently, on 21/2/2020, Sri. Jeswin M.V., succumbed to the injuries. Based upon the said accident, proceedings were instituted against the petitioners for offences punishable under Ss. 304A and 338 of the IPC. The petitioners are accused Nos.4 and 5 in the said proceeding. While filing the charge sheet, the employees of Grand Mercure Hotel have been left and the petitioners, who are the employees of M/s. KEHEMS Technologies Pvt. Ltd., who had annual service contract agreement with Grand Mercure Hotel are hauled into these proceedings. It is at that juncture, the petitioners have knocked the doors of this Court.

4. Learned Senior counsel, Sri. Murthy D. Naik, would submit that it was an accident that took place in Grand Mercure Hotel while servicing the heat pumps by a Service Engineer, a report was also sought from the hands of one SSS Consultants with regard to accident. The report opined that it was an accident that has happened due to human error and therefore, the petitioners cannot be hauled into these proceedings particularly for offence punishable under 304A of the IPC.

5. The learned Senior counsel would also place reliance upon the following judgments rendered by the Apex Court and that of this Court to buttress his submission:

i. KURBAN HUSSEIN MOHAMEDALLI RANGAWALLA V. STATE OF MAHARASHTRA,AIR 1965 SC 1616.

ii. AMBALAL D. BHATT V. THE STATE OF GUJARAT,(1972) 3 SCC 525

iii. M. SRINIVAS V. THE STATE BY YELAHANKA TRAFFIC POLICE in Crl.P.No.9124/2016.

iv. P.B.DESAI V. STATE OF MAHARASHTRA AND ANOTHER,(2013) 15 SCC 481

6. Respondent No.2 though served remains unrepresented.

7. Learned HCGP would however contend that it is a matter of trial for the petitioners to come out clean as the negligent act of the petitioners have lead to the death of their Service Engineer at Grand Mercure Hotel and would seek dismissal of the petition.

8. I have given my anxious consideration to the respective submissions made by the learned counsel and perused the material on record.

9. The afore-narrated facts are not in dispute. The agreement between M/s. KEHEMS Technologies Pvt. Ltd. And Grand Mercure Hotel was with regard to the contract of maintenance of heat pumps. A complaint by Grand Mercure Hotel results in the death of the deceased, who was working as a Service Engineer going to hotel to attend to the complaint, at that point in time, the blast happens due to human error. The report with regard to the accident also indicates that it was due to a human error. Paragraph 5 of the report, which is germane, reads as follows:

"PARAGRAPH No.5: My observation is that the top-up of the system (gas charging) has been done using the above referred cylinder by human error. The refrigerant gas inside the heat pump unit is R-410a. When these two gases mix, the pressure level will go up instantaneously and the compressor is likely to burst mechanically."

10. Petitioner No.1 is a Manager of M/s. KEHEMS Technologies Pvt. Ltd and petitioner No.2 is the Factory Manager managing the unit at Indore, Madhya pradesh. They are hauled into these proceed