Writ Petition No. 8996 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5885 WP No. 8996 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 8996 OF 2024 (GM-RES) BETWEEN: SRI JAVED SHAFIQ RAO VICE PRESIDENT, PRESTIGE PROPERTY MANAGEMENT AND SERVICES, SON OF MR. SHAFIQ AHMED RAO, AGED ABOUT 42 YEARS, RESIDING AT VILLA NO.141, PRESTIGE MAYBERRY, CHANNASANDRA MAIN ROAD, WHITEFIELD, BENGALURU - 560066. …PETITIONER Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA (BY SRI. N S SRIRAJ GOWDA.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY VARTHUR POLICE STATION, VARTHUR MARKET ROAD, VARTHUR, NEAR GOVERNMENT HOSPITAL, BENGALURU - 560087 REPRESENTED BY ITS POLICE SUB INSPECTOR
Legal Reasoning
2. SRI RAJESH KUMAR DAMERLA AGED ABOUT 40 YEARS, RESIDING AT NO. 17296, PRESTIGE LAKESIDE HABITAT GUNJUR VARTHUR, - 2 - NC: 2025:KHC:5885 WP No. 8996 of 2024 BENGALURU - 560087 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP FOR R1) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLIANT AND FIRST INFORMATION REPORT DTD. 08.02.2024 FOR OFFENCES PUNISHABLE UNDER SECTIONS 149 AND 304 OF THE INDIAN PENAL CODE, 1860 (ANNX-A AND B) AS AGAINST THE PETITIONER 08.02.2024; QUASH ENTIRE PROCEEDINGS IN CRIME NO. 74 OF 2024 PENDING ON THE FILE OF THE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT AT BENGALURU (ANNX-C) AS AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "a) Quash the Complaint and First Information Report dated 08.02.2024, for offences punishable under Sections 149 and 304 of the Indian Penal code, 1860 (Annexure 'A' and Annexure 'B'), as against the Petitioner. b) Quash entire proceedings in Crime No.74 of 2024, pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru Rural District, at Bengaluru, (Annexure 'C'), as against the Petitioner." 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent No.1 and perused the material on record. The respondent No.2 having been - 3 - NC: 2025:KHC:5885 WP No. 8996 of 2024 served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the impugned FIR and complaint in order to point out that there are no other allegations against the petitioner except stating that the petitioner - Senior Vice President of Prestige Property Management and Services [the Partnership Firm], along with the Prestige Lakeside Habitat Home Owners Association [the Association], have shirked their responsibility of providing safe and conducive environment for children to play resulting in the electrocution of daughter of the respondent No.2. In this context, it is pointed out that as per the Service Level Agreement dated 14.06.2023 produced along with the memo dated 10.02.2025, the petitioner has handed over possession of the completed building complex to the Prestige Lakeside Habitat Homeowners Association prior to the impugned complaint dated 08.02.2024 and the aforesaid Partnership Firm ceased to have any control over any portion of the apartment building complex nor was responsible for the alleged incident so as - 4 - NC: 2025:KHC:5885 WP No. 8996 of 2024 to incriminate the petitioner or the said Partnership Firm for the alleged offences. 4. It is also submitted that though the offences as against the petitioner and the remaining accused persons comprising of the Association, its office bearers, electrician, plumber etc., were initiated by invoking Section 304 of IPC, this Court in
Decision
W.P.No.15958/2024 dated 06.08.2024 disposed of the said petition directing the offences to be tried under Section 304A read with Section 149 of IPC in the place of Section 304 of IPC. In this context, it is submitted that in the light of the petitioner having handed over the entire building complex to the aforesaid Association prior to the alleged incident and complaint, the petitioner cannot be held guilty of the offence under Section 304A of IPC and as such, the impugned proceedings deserve to be quashed. 5. Per contra, learned Additional State Public Prosecutor invited my attention to the compliant in order to point out that the allegations have been made not only against the aforesaid Association but also against the petitioner i.e., the Partnership Firm and as such, the petition is liable to be dismissed. - 5 - NC: 2025:KHC:5885 WP No. 8996 of 2024 6. Before adverting to the rival submissions, it would be necessary to extract the averments made in the complaint, which are as under: Date: 8/2/2024 "TO SUB INSPECTOR OF POLICE. VARTHUR POLICE STATION BENGALURU - 560087 Received with FIR Sd/- 09/2/24 FROM RAJESH KUMAR DAMERLA, S/O D.L. KANTHA RAO Age - 40 Years FLAT 17296, PRESTIGE LAKESIDE HABITAT, GUNJUR VARTHUR, BENGALURU - 560087 Phone: 79955661 its 'Prestige deployed SUBJECT: Request to register FIR against 'Prestige Lakeside habitat Home owners association' (PLH-HOA) and property contractor (PPMS), Swimming Pool management & services maintenance team of Prestige Lakeside Habitat Society, Gunjur, Bangalore East and other concern persons who have the knowledge of electricity flowing in the Decorative water body of the Swimming Pool who caused the death of my daughter Manya Damerla (9 Yr) in the shallow (4 inches of water only) decorative water body. Dear Sir, In connection with the above subject, I was a resident of the above address with my wife and daughter Manya. On 28.12.2023 at night around 8 PM I received a phone call from my friend Mr. Hitesh (residing Flat No. 17231) that my daughter fell into the decorative water body and became unconscious. I rushed immediately towards decorative water body around the swimming pool. Before I reached the place of incident, I was informed by gathered residents that my daughter Manya had been shifted to Sahasra Hospital through the Ambulance with the help of residents, one of them was Sandeep. I arrived at SAHASRA HOSPITAL at around 8.15 PM and doctor tried to revive her heartbeat and later declared that she was brought dead. I have given a complaint on 28.12.2023 the same - 6 - NC: 2025:KHC:5885 WP No. 8996 of 2024 night at 11:30 PM, which came to registered as suspicious unnatural death under the Cr.P.C. 1973 (U/S-174-c). In this connection, I would like to draw your attention to a few facts about the above incident. My daughter left the house at 7.29 PM (CCTV footage Reference). After going down, she was playing with her friends viz., Aarna Rai, Vivaan and others near the above mentioned decorative water body with water depth of just 4 inches near the swimming pool. We were told by her friends through their parents that they were playing with her, while Manya who had stepped into the water body screamed and fell down in the shallow water body of 4 inches water depth. By all accounts she was the only child who had stepped into the water body. The parents of the aforementioned 2 kids number is 9663794936 - Sushanth, 9620695800 - Milton. It appears that my daughter's friends panicked and attempted to pull her out of the said water body, when they too experienced electric shock when they toucher her. When they asked her to come out, she seem to have told them "I can't move". They are her last words. It appears that then they rushed to seek adult help and Ashutosh Anand was first one to respond as he was walking nearby the location. Then other adults Sandeep & Dipti Balani also joined efforts to rescue her. As Ashutosh and few other adults also experienced electric shock they called security guards to pull out Manya. They have apparently even tried to use a wooden stick and a chair to pull her out but they couldn't succeed. In the meantime, the security guards arrived and they cut off the electric supply to the entire swimming pool area by turning off the relevant 2 MCBs. They were thus able to bring her out of the decorative water body to give her CPR in the lobby area. This entire process had been on for over 20 minutes. The concerned persons had no plan of action for helping Manya of this untoward incident with quick response and this inept response caused the death of my only child, Manya. After Manya was shifted to SAHASRA HOSPITAL, the electric team was asked by the resident to switch on MCB's to check if there is electricity flowing in the water. The electricity was found flowing in the decorative body (video reference). I also have information that the steady supply of electricity was in excess on the fateful day. The same also can be investigated. - 7 - NC: 2025:KHC:5885 WP No. 8996 of 2024 As a matter of fact, residents have experienced electric shocks even before the death of my child. It appears that concerned persons have complaints of the same on the Society's Mygate application as also provided complaints to the maintenance team including the electrician of the swimming pool and security guards but these complaints were apparently ignored and unfortunately no action was taken by concerned people even when they had knowledge of a constant stream of electric shock which could potentially cause death or bodily harm. This resulted in the death of my daughter Manya. The 'Prestige Lakeside Habitat Home Owners Association' and the 'Prestige Property Management Services (PPMS)' have not just shirked their responsibilities of providing a safe and conducive environment for children to play in the apartment but have aided and abetted a system which is positively dangerous and hazardous for human habitation and livelihood, particularly for innocent children. Now it is apparent that owing to electric shock, my daughter Manya died in shallow decorative water body. My daughter's death is clearly a case of culpable homicide. Persons responsible for my daughter's death are: 1) Debashis Sinha - President PLH HOA & other governing body members. 2) Property Management System 3) ST SURESH BABU - Proprietor, Vision Marketing 4) SANTOSH MAHARANA 5) Gobinda Mandal 6) Bikash Kumar Parida 7) Bhakta Charan Pradhan Javed Shafiq Rao - Senior Vice President, Prestige India Sr. No.4 to 7 are electrical technicians of Prestige apartment, Gunjur. Therefore, it is requested to register FIR against the above persons who caused death of my daughter Manya under relevant sections IPC, Investigate the facts and provide me justice." A bare perusal/reading of the aforesaid averments made in the complaint even if taken at face value is sufficient to come to the - 8 - NC: 2025:KHC:5885 WP No. 8996 of 2024 conclusion that all the allegations are directed primarily against the Association, its members as well as the technicians comprising of electrician, plumber etc., and except merely stating that the petitioner is the Prestige Property Management Services, no other allegations are made against the petitioner. 7. In this regard, a perusal of the Service Level Agreement dated 14.06.2023 produced by the petitioner along with the memo will indicate that prior to the incident taking place on 28.12.2023, the petitioner had already handed over the possession of the entire building complex to the aforesaid Association on 14.06.2023 itself and consequently, the question of the petitioner retaining any control over the building or its activities, including the swimming pool so as to incriminate the petitioner for the aforesaid offences would not arise in the facts and circumstances of the instance case. Under these circumstances, I am of the considered opinion that the impugned proceedings qua the petitioner would amount to abuse of process of law warranting interference by this Court in the present petition. - 9 - NC: 2025:KHC:5885 WP No. 8996 of 2024 8. Hence, the following: ORDER a. The petition is hereby allowed. b. The impugned complaint and FIR in Crime No.74/2024 dated 08.02.2024 of Varthur Police Station pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB