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2024 Supreme(Online)(Bom) 7454
2024:BHC-NAG:6632 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.375/2024 Ritu w/o Dinesh Maloo ..vs..
State of Mah., thr.PSO PS Tahsil, Nagpur ...............................................................………………........................................………………………................................……………
Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ...............................................................………………........................................………………………................................……………
Shri S.V.Manohar, Senior Counsel assisted by Shri Prakash Jaiswal, Advocate for the Applicant.
Shri D.V.Chauhan, Public Prosecutor assisted by Ms H.N.Prabhu, Additional Public Prosecutor for the Non-applicant/State.
Shri Yusuf Jameel Shaikh, Counsel for the Complainant.
CORAM : URMILA JOSHI-PHALKE, J.
CLOSED ON : 19/06/2024 PRONOUNCED ON : 26/06/2024
Driving under the influence of alcohol resulting in death constitutes culpability under IPC Section 304, emphasizing the knowledge of potential consequences.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 438 - Motor Vehicles Act, 1988 - Sections 184, 134 - Anticipatory bail sought in connection with death caused due to traffic accident while driving under influence of alcohol - The court ruled that driving a vehicle under intoxication is a serious misconduct - Knowledge of consequences while driving leads to culpability under Section 304 IPC - Evidence pointed to reckless driving - Application rejected. (Paras 1, 39, 41)
(B) Anticipatory bail - Considerations for grant - The considerations are distinct from regular bail and must account for nature of the accusation and prima facie case - The court observed that the applicant's conduct indicated a need for scrutiny - Application rejected. (Paras 36, 42)
1. By this application under Section 438 of the Code of Criminal Procedure, the applicant seeks anticipatory bail in connection with Crime No.122/2024 initially registered with the non-applicant / police station for offences punishable under Sections 304 -A , 279, 337, and 338 of the Indian Penal Code and 184 of the Motor Vehicles Act, 1988 (the M.V.Act). Subsequently, the Investigating Officer applied Sections 304 and 427 of the Indian Penal Code and 185 of the M.V.Act.
2. The applicant, a resident of Nagpur, completed her MBA and runs a company under name and style as “Star Origin Business Solutions Private Limited”. She is also working as Human Resource/Recruitment Consultant. Thus, as per contentions of the applicant, she belongs to highly respectable family.
3. On 25.2.2024, First Information Report came to be lodged against the applicant along with one Madhuri Shishir Sarda on allegations that she has driven car i.e. Mercedes bearing registration No.MH-49/AS-6111 (the car) in a rash and negligent manner and given a dash to two-wheeler i.e. Activa bearing registration No.MH-37/Q/2948 (the Activa) from rear side and caused grievous injuries to scooter rider and pillion rider, who, subsequently, reported to be dead. Initially, crime was registered under Sections 304 -A , 279, 337, and 338 of the Indian Penal Code and 184 of the M.V.Act. The accused was produced before learned Judicial Magistrate First Class at Nagpur on 25.2.2024 and she was released on bail on executing a P.R.Bond of Rs.3000/-.
4. On 7.3.2024, a Senior Police Inspector of Tahsil Police Station, Nagpur submitted a report before learned Judicial Magistrate First Class at Nagpur contending that during investigation, it revealed that the applicant has driven the car under an influence of alcohol in a rash and negligent manner having knowledge that it may cause injuries or death to any persons and thereby applied Sections 304 and 427 of the Indian Penal Code and 185 of the M.V.Act. The Investigating Officer raised a ground that the applicant contravened provisions of the M.V.Act as she has not taken injured to any hospital and fled away. Moreover, she has driven the car in such a manner having knowledge that this act may cause injuries or death to any persons. She has not cooperated with the investigating agency and custodial interrogation is required for obtaining her mirror image. Learned Judicial Magistrate First Class rejected the application, which was challenged in revision and the same is pending.
5. As the applicant apprehends her arrest, due to adding of non-bailable Sections, she preferred an application bearing Criminal Bail Application No.721/2024, which was rejected by learned Sessions Judge, Nagpur.
6. Heard learned Senior Counsel Shri S.V.Manohar for the applicant and learned Public Prosecutor Shri D.V.Chauhan for the State.
7. Learned Senior Counsel for the applicant submitted that the applicant is already released on bail as offences alleged are bailable one. Insofar Section 185 of the M.V.Act is concerned, blood samples report of the applicant shows that alcohol 30 ml was found in her 50 ml blood. Thus, even accepting the allegation as it is, the alcohol consumed by the applicant was within permissible limits and, therefore, Section 185 is not attracted. He further submitted that the M.V.Act does not prohibit consumption of alcohol, however it limits quantity. Learned Senior Counsel also invited my attention to photographs of the car and the Activa and submitted that the car was not damaged as well as the Activa was also not damaged. Rear mudguard of the Activa was also intact and, therefore, a doubt creates regarding manner in which the accident occurred. It shows that the accident has not occurred as per the story of the prosecution. Inspection report shows that tyre of the car burst. So, it can be said that due to bursting of the tyre, the accident might have occurred. He further submitted the revision filed by the State is still pending. U
