NEW DELHI: Delhi’s Tis Hazari Court on Thursday granted bail to Manuj Kathuria, the SUV driver arrested for his alleged involvement in the drowning of three civil services aspirants in the basement of a coaching centre.
During the hearing, the Delhi Police informed the court that they have decided to drop the harsher charge of culpable homicide not amounting to murder against Kathuria. This decision came after further investigation revealed that the evidence did not sufficiently support the charge at this stage.
Additional Sessions Judge Rakesh Kumar presided over the appeal against the initial denial of bail by a magistrate court on Wednesday. "The bail is allowed," Judge Kumar stated.
Kathuria faced accusations of driving his Force Gurkha SUV through a heavily waterlogged street, causing the rainwater to surge and breach the gates of the three-storey building where the coaching centre was located. The resulting inundation of the basement led to the tragic deaths of the three students.
The investigating officer (IO) clarified that the current evidence did not establish the criteria for culpable homicide. "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 IO mentioned in a reply to the appeal.
The IO added that a thorough assessment would be possible after an expert team from IIT-Delhi inspected the site and submitted their findings. Consequently, the primary offence against Kathuria now falls under Sec 281 BNS (rash driving or riding on public way), prompting the court to consider appropriate orders.
The Court said that Delhi Police implicated passersby driver Manuj Kathuria in "over-enthusiasm". The Court further held that the case under Section 105 of BNS is not made out against Kathuria.
Additional Sessions Judge Rakesh Kumar said that the rest of the offences invoked against him are bailable and therefore he can be granted bail.
Wednesday's hearing had seen Judicial Magistrate Vinod Kumar reject Kathuria's bail plea, citing CCTV footage that showed Kathuria driving at speed through the flooded street, causing a large displacement of water. This surge breached the gates of the coaching centre, resulting in the tragic incident. The magistrate highlighted that the footage "prima facie" indicated Kathuria ignored warnings from passersby to drive slowly.
"The allegations against the accused are serious in nature," Magistrate Kumar had remarked, noting the ongoing investigation and the involvement of other civic agencies.
Following the magistrate's decision, Kathuria sought bail from the sessions court, which has now granted him temporary relief pending further investigation
