ORDER

Accused No.3 in Crime No.137/2021 registered by the Guttal Police Station, Haveri District for the offence punishable under Section 304 of the Indian Penal Code (for short, ‘the IPC’) is before this Court under Section 438 of the Criminal Procedure Code (for short ‘the Cr.P.C.’).

2. Heard the learned counsel for the parties.

3. FIR in Crime No.137/2021 was registered by the Guttal Police Station, Haveri District, initially against unknown persons for the offence punishable under Section 304 of the IPC on the complaint lodged by Birappa Guddappanavar, on 21.11.2021. Investigation in the said case is completed and charge sheet has been filed against three persons for the aforesaid offence. Petitioner is arrayed as accused No.3 in the charge sheet. Apprehending arrest in the said case, petitioner has filed bail application under Section 438 of the Cr.P.C. before the Court of I Additional District and Sessions Judge, Haveri, in Cril.Misc.No.421/2023 which was rejected on

19.06.2023. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that petitioner is a retired Assistant Executive Engineer, Public Works Department, Sub-Division, Haveri. He has no criminal antecedents. Accused No.1 has been granted anticipatory bail. Charge sheet has now been filed against the petitioner for non-bailable offence. Therefore, he apprehends arrest in the said case. Accordingly, he prays to allow the petition.

5. Learned High Court Government Pleader has opposed the prayer made by the petitioner.

6. From a perusal of the complaint as well as charge sheet allegations, it is seen that accused No.1 is the contractor of the Government Higher Primary Girls High School at Yalagachcha and accused No.2 is the head master of the said school. Accused No.3 was working as Assistant Executive Engineer of the public works Department, during relevant time i.e. in the year 2019-20. The allegation in the charge sheet is that accused No.1 had not properly constructed the school building and the electricity wire connected to the street light which was installed on the school building were exposed. The possession of the school building which was not properly constructed was handed over by the petitioner herein to accused No.2. The student who was studying in the school by name Chetan had come in contact with loose electricity wire and had died.

7. Perusal of the charge sheet allegation would go to show that petitioner is vicariously held liable for the alleged offences and accordingly he is arrayed as accused No.3 in the said case. Petitioner has no criminal antecedents. Investigation in the case is completed and charge sheet has been filed. Accused No.1 who is the contractor of the school building has been granted anticipatory bail at the crime stage itself. In the charge sheet, it is shown that petitioner is not arrested. It is not the case of the prosecution that the petitioner had absconded and had not co-operated with the police for the purpose of investigation. Since charge sheet is now filed for non-bailable offence, petitioner apprehends his arrest. Under these circumstances, the prayer made by the petitioner’s for grant of anticipatory bail is required to be answered in the affirmative. Accordingly the following:

ORDER Petition is allowed.

The respondent-Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.137/2021 registered by the Guttal Police Station, Haveri District for the offence punishable under Section 304 of the Indian Penal Code, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the Investigating Officer.

(ii) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

(iii) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly.

(iv) Th