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M. NAGAPRASANNA
SREERAMU V. S/O VEERANAGAIAH – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. The petitioners are before this Court calling in question registration of a crime in Crime No. 601 of 2023 registered for offence punishable under Section 304A of the IPC pending before the Additional Chief Judicial Magistrate (ACJM), Bengaluru Rural, Bengaluru. The 1st petitioner is the Executive Engineer and the 2nd petitioner is the Assistant Executive Engineer both working in BESCOM at Whitefield Division.
2. Heard Sri D.R. Ravishankar, learned senior counsel appearing for the petitioners and Sri B.N. Jagadeesh, learned Additional State Public Prosecutor appearing for respondent no. 1.
3. Facts, in brief, germane are as follows:
Negligence under Section 304A IPC requires thorough investigation, and prior reports do not preclude accountability of officers involved.
Criminal proceedings against public servants for negligence cannot be quashed on the ground of lack of sanction under Section 197 CrPC, as negligent acts or omissions do not constitute acts performed....
Prosecution must provide evidence linking defendants' responsibility for negligence in maintaining safety to establish criminal liability.
The duty of care owed by the Electricity Board in hazardous activities and the application of the multiplier method for determining the quantum of compensation.
Criminal liability requires specific, clear allegations linking the accused's actions to the offence; vague claims based on suspicion do not suffice.
The main legal point established in the judgment is that for the offence of culpable homicidal death not amounting to murder, the intention or knowledge of causing death is essential, and the absence....
The High Court can quash FIRs for non-compoundable offences under Section 482 of the CrPC if a settlement is reached and gross negligence is not established, serving the ends of justice.
The principle of strict liability applies to the Electricity Board, which is bound to compensate the claimants for accidents related to its functioning.
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