Case Note & Summary
The petitioners, accused Nos.2 and 3, filed separate criminal petitions under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in connection with Crime No.46/2019 registered at Dharwad Sub-Urban Police Station for offences punishable under Sections 304 (culpable homicide not amounting to murder), 338 (causing grievous hurt by act endangering life or personal safety of others), and 337 (causing hurt by act endangering life or personal safety of others) of the Indian Penal Code, 1860 (IPC). The case arose from an incident where a wall collapsed, resulting in the death of one person and injuries to others. The petitioners were the owners of the property where the wall was constructed. The prosecution alleged that the petitioners had constructed the wall without proper foundation and using substandard materials, leading to its collapse. The petitioners argued that there was no prima facie case against them for the offence under Section 304 IPC as there was no intention or knowledge to cause death. They contended that the case, if any, would fall under Section 304A IPC (causing death by negligence), which is bailable. The State opposed the bail applications, submitting that the petitioners had acted with gross negligence and that the wall collapse was due to their reckless conduct. The court, after hearing both sides, observed that the material on record did not indicate any intention on the part of the petitioners to cause death or knowledge that their act would cause death. The court noted that the case may fall under Section 304A IPC, which is a bailable offence. Accordingly, the court allowed both petitions and granted bail to the petitioners subject to certain conditions.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Prima Facie Case - Petitioners/accused Nos.2 and 3 sought bail for offences under Sections 304, 338, 337 IPC - Court held that there was no prima facie material to show that the petitioners had any intention to cause death or knowledge that their act would cause death - Held that the petitioners are entitled to bail as the case does not fall under Section 304 IPC but may be under Section 304A IPC (Paras 4-6).
Issue of Consideration
Whether the petitioners/accused Nos.2 and 3 are entitled to be enlarged on bail in connection with Crime No.46/2019 for offences punishable under Sections 304, 338 and 337 of IPC.
Final Decision
Both criminal petitions are allowed. The petitioners/accused Nos.2 and 3 shall be enlarged on bail in connection with Crime No.46/2019 of Dharwad Sub-Urban Police Station, subject to certain conditions.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Culpable homicide not amounting to murder
- Section 304 IPC
- Section 338 IPC
- Section 337 IPC
