He Karnataka High Court has refused to fire criminal charges against a junior engineer of BESCOM following the death of a father and daughter due to a transformer explosion on a highway.

Justice M Nagaprasanna, in his ruling, stated: “There were several complaints, before the fateful day, to rectify the defect in the transformer. The Police, after investigating, have attached these complaints to the charge sheet. These are indisputable facts. Prima facie negligence is manifest as to the petitioner or other accused in the case in question. Therefore, there is no order to interfere with the ongoing proceedings against the petitioner.”

The incident occurred on March 23, 2022, when Shivaraj and his daughter were traveling on a two-wheeler. A BESCOM transformer situated on the side of the road exploded, causing burning oil to fall on them. They were rushed to Victoria Hospital, but succumbed to their injuries.

A passerby lodged a complaint under Sections 285, 338 of the IPC. After investigation, the police added Section 304A (causing death by negligence) to the charge sheet. The Junior Engineer requested that the case be dismissed, claiming that he was not responsible for the transformer explosion and argued that it was an accident. He said the responsibility for maintenance lay with the contractors. The prosecution responded that the petitioner was responsible for the inspection and safety of the transformers, pointing to previous unaddressed complaints.

The court determined that despite the subcontracting, the petitioner was still responsible for the maintenance of the transformer. The Electrical Inspection report indicated that the accident was preventable through proper maintenance of the explosion vent and oil leak checks.

Compensation cannot override negligence
The court rejected the argument regarding compensation of Rs 20,000,000 paid to the wife of the deceased and stated: “Such submission is, to say the least, absurd. Payment of any compensation amount by BESCOM cannot, in any way, absolve the officials from the charge of dereliction of duty.” The court further emphasized that compensation cannot override negligence of duty, warning that similar incidents could affect others if agents avoid liability through compensation. The petition was later dismissed.

Families of 98 people sentenced to appeal the verdict
Relatives of 98 people sentenced to life imprisonment in the Marukumbi village violence case plan to appeal the verdict to the High Court.

Relatives of the convicts anticipate significant difficulties as the breadwinners of their families have been condemned, including difficulties in providing education for their children. Several families have already started consultations with legal representatives.

Local residents have also expressed concern about possible new tensions in Marukumbi, as the families of those convicted are dissatisfied with the court’s decision. The impact of the verdict extends to neighboring towns, where some businesses temporarily closed. Law enforcement officials have managed to convince local establishments to resume operations after visiting affected areas.

Background of the case

The Koppal Principal District and Sessions Court found 101 people guilty in a case related to atrocities against scheduled castes in Marakumbi village, Karnataka. Of them, 98 were sentenced to life imprisonment and fines of Rs 5,000 under the law. SC/ST Prevention of Atrocities Act. Three convicts, who were members of the SC/ST, were given five-year sentences and fines of Rs 2,000. Judge C Chandra Shekhar pronounced the verdict on October 24 after finding 101 of the 117 accused guilty.

The judge, citing the Supreme Court’s Manju Devi case, noted that the SC/ST communities remain vulnerable despite amelioration measures, facing continued rights violations and harassment. “Considering the facts and circumstances of this case, I do not find any extenuating or extenuating circumstances available in the record that justify showing leniency. Showing clemency in a case like this would be a parody of justice…” states the ruling.