The Delhi High Court recently denied bail to a man who was arrested after the electric boundary fence installed by him on a plot of land led to the death of a 12-year old child by electrocution [Karan Singh Vs State NCT of Delhi].
In the order passed on September 14, Justice Girish Kathpalia said that the fence was electrified without obtaining a sanction from the electricity authorities.
“This act was per se so imminently dangerous that the accused/applicant cannot claim lack of knowledge that it was likely to cause death of anyone coming in contact with the fence,” the Court said.
As per the prosecution, the accused Karan Singh had illegally installed an electric fence carrying 220 to 225 volts on the land, without installing a regulator, insulator, circuit breaker or other safety device
A trial court has already framed charges against him under Section 105 of the Bharatiya Nyaya Sanhita (BNS) for causing culpable homicide not amounting to murder.
Seeking bail in the matter, the accused said he did not have the intention to cause the child’s death. He submitted that the fence was electrified to prevent the entry of wild animals into his land from a nearby forest area. He also claimed that he did not own the land and the electricity connection was also not in his name.
However, the Court noted that a satellite image of the area revealed that the electric fence was not installed between his land and the forest area, but was demarcating it from the adjacent plots.
It added that police investigation revealed that local children played in the area adjacent to the land of the accused. Even a sign board warning the general public of the electrified fence was not installed, the Court observed with respect to the lack of safety measures.
Further, regarding ownership of the land, the Court said that it is the accused who was cultivating and managing the land in question.
Thus, the Court rejected the bail plea.
Advocate Nitin Vats appeared for the accused.
Additional Public Prosecutor Amit Ahlawat appeared for the State.
[Read Order]