Though this matter is listed at the stage of admission,

with the consent of learned counsel appearing for both the

parties, the same is taken up for final disposal.

2.

This appeal arises out of the judgment of

acquittal passed in C.C.No.2054/2010 dated 23.09.2013 by

JMFC (III Court), Mangalore, D.K., wherein the learned JMFC

acquitted the accused for the offences punishable under

Sections 279 of Indian Penal Code (for short hereinafter

referred to as 'IPC') and CMV Rule 115 read with 190(2) of

Motor Vehicles Act (for short hereinafter referred to as 'M.V.

Act').

3.

In brief the case of the prosecution is that on

23.02.2010 in the morning at about 8:45 a.m. the accused

being the driver of the bus bearing registration No.KA-19-B-

5226

was

proceeding

near

Padavu

Junction

towards

Kuntikan, at that time, he drove the same in a rash and

negligent manner, so as to endanger the human life and

- 3 -

when he reached near K.P.T junction, where the road

proceeding from Circuit Junction towards Bondel, dashed to

the motor cycle bearing registration No.KA-19-K-9546

belongs to PW.2/Kiran which was parked by the side of the

road, thereafter the bus went ahead and dashed to the petty

shop of the