HYDERABAD: While extending the arrest of the petitioner-accused K Krishna Milan Rao in the Biodiversity flyover accident case up to January 3 next year, the Telangana High Court on Thursday found fault with the police for altering Section 304-A IPC (causing death by negligence) to Section 304 Part II IPC (a person who has done an act so rashly or negligently endangering human life of others) and Section 308 IPC (attempt to commit culpable homicide) against the accused.
Justice T Vinod Kumar passed the order in the petition filed by Rao seeking not to arrest him in the case registered at Raidurgam police station, Cyberabad commissionerate, for the offences punishable under Section 304-A, 337 and 279 IPC for his rash driving on November 23, resulting in car crash incident and the death of a pedestrian, as well as injuries to several others.
Petitioner’s counsel A Prabhakar Rao pointed out that the police initially registered the case under Section 304-A, 337 and 279 IPC, but after a few days have altered it to Section 304-A IPC to Section 304 Part II and 308 IPC.
The action of the police does not justify the case. In fact, the accident took place because of the faulty design of the subject flyover with a sharp curve, he argued.
The government counsel sought some time for the filing counter-affidavit on the issue.
While finding fault with the police for altering the above sections in the case, the judge extended the earlier interim order and posted the matter to January 3 for filing the counter affidavit.