New Delhi: A court here on Thursday allowed the second bail plea of an SUV driver, arrested for his alleged role in drowning of three civil services aspirants in the basement of a coaching centre.
During the proceedings, the Delhi Police told the court that they have decided to drop harsher charge of culpable homicide not amounting to murder against Manuj Kathuria, the SUV driver.
Additional Sessions Judge Rakesh Kumar was hearing an appeal against the denial of bail to Kathuria by a magisterial court on Wednesday.
“The bail is allowed,” the judge said.
A detailed order of the court is awaited.
Kathuria was accused of driving his Force Gurkha car through the street that was flooded by rainwater, causing the water to swell and breach the gates of the three-storey building housing the coaching centre and inundate the basement.
During the proceedings, the Delhi police told the court that they have decided to drop ‘culpable homicide not amounting to murder’ charge against Kathuria.
“During the further investigation, as carried out in the preceding 48 hours, it has transpired that the ingredients of the Bharatiya Nyaya Sanhita (BNS) section 105 (culpable homicide not amounting to murder) is, at this stage, not being sufficiently established,” the investigating officer (IO) said in his reply to the appeal.
“The same can be better assessed when the expert team from IIT-Delhi visits the spot and post inspection, submits its findings. Thus, as of now, the primary offence against the accused is of Sec 281 BNS (rash driving or riding on public way) for which the court may kindly pass appropriate orders as deemed fit,” the IO added.
On Wednesday, terming the offence as “serious”, the magisterial court had denied bail to Kathuria, saying the plea was “untenable at this stage”.
The denial of bail by the magisterial court came hours after a Delhi High Court bench headed by Acting Chief Justice Manmohan castigated the police for its “strange” probe by arresting the driver.
“What is Delhi Police doing? Have they lost it? What are its officials who are monitoring the probe doing? This is a cover up or what?” the high court said in the forenoon while hearing a PIL seeking a probe into the incident.
Kathuria was arrested on Monday along with four co-owners of the basement.
On Sunday, a magisterial court had sent to 14-day judicial custody Rau’s IAS Study Circle owner Abhishek Gupta and coordinator Deshpal Singh.
Police have registered an FIR under the BNS sections 105 (culpable homicide), 106(1) (death of any person by doing any rash or negligent act not amounting to culpable homicide), 115(2) (punishment for voluntarily causing hurt) and 290 (negligent conduct with respect to pulling down, repairing or constructing buildings).
