The Telangana High Court Justice T Vinod Kumar on Thursday extended the stay on the arrest of K Krishna Milan Rao, accused in the Biodiversity flyover mishap, till January 3 and questioned the police on the addition of stringent sections to the case.
On November 23, the Volkswagen GT car that was being driven by Milan had overshot the Biodiversity flyover in Hyderabad resulting in the death of P Satyaveni and injuring three others. Though the police said he was over speeding, Milan has now claimed that he was traveling at 40-50 kmph, and that he was not speeding. Further, he has blamed the design of the flyover for the accident.
The judge was dealing with a petition filed by the accused Milan Rao on the addition of non-bailable sections to the case though the cops had initially booked bailable charges against him. He is charged under Section 304 Part II of IPC (a person who has done an act so rashly or negligently endangering human lives) for over speeding and killing a woman.
The HC, while hearing the petition, asked the police what prompted them to think the accused was aware that his driving was rash that it would kill someone but still went ahead with it. Milan Raoâ€™s counsel argued that the intention to kill and knowledge about death on the part of the accused are essential features to slap Section 304 Part II, which are absent in this case. He also argued that Milan too had suffered from injuries during the accident.
The judge also informed the state that by adding the section it was preventing the kin of the accused from availing compensation for the death. The state, in its defence, said that Milan was driving at a speed of 104 kmph while the permissible speed on the flyover is only 40 kmph, which in itself is a reason to slap the charges.
However, the HC has sought a counter from the state on the matter and extended the stay on the arrest of the accused till January 3.