BENGALURU: A sessions court has denied bail to an ambulance driver, who was arrested after his vehicle jumped the median of the Ballari Road elevated expressway and hit a car coming from the opposite direction, claiming five lives near Yelahanka recently. Channabasappa, 30, a resident of Devanahalli and from Gadag district, told the court that he is a government employee and was driving the ambulance in a careful manner and was on the way to attend an emergency case when the accident occurred on the night of May 27. A vehicle ahead of him had suddenly applied brakes and to avoid hitting it, he swerved to the right, resulting in the accident, he added. Channabasappa also contended that Yelahanka traffic police had booked him under the various charges, including culpable homicide under IPC section 304, though there was no sufficient ingredient in the incident. The public prosecutor argued that the driver had knowledge that his negligent act would have caused the death of some innocent persons. Though the accused may not have had intention to kill anybody, his act of negligence coupled with the knowledge that his act would cause death was a crucial aspect that the court had to consider. He pointed out that the investigation report disclosed that the accused was on official duty, but was proceeding towards his residence in Devanahalli. Considering all these, the judge opined that the negligent act of the accused resulted in the death of five persons and it was not a fit case to grant bail at this stage, as the investigation is still under way. Dipankar Dey, 42, his wife Swagata Choudhury, 42, their only son Druva Dey, 14, Swagata’s mother Jayathi, 65 and Dipankar’s elder sister Sujaya, 46, all from West Bengal, were returning home after the departure of a flight was put off to 6.30am when the incident occurred. Court cites SC order in infamous Alister Anthony Pareira case Rash or negligent driving on a public road with the knowledge that the act could cause death could be a fit case for culpable homicide not amounting to murder, the Supreme Court had said in its decision in the Alister Anthony Pareira v/s State of Maharashtra case in 2012. “On going through the above ruling of the Supreme Court, there is no confusion about the question of law or provision of law applicable to this type of case. Here is a case where the accused, being a responsible government servant and having knowledge of the consequences of his act of driving, drove his vehicle in a rash and negligent manner, crossed the divider and hit the oncoming vehicle, which resulted in death of five innocent lives… Hence the act of the investigating officer in pressing section IPC 304 at this stage is valid,” said K Narayana Prasad, 55th additional city civil & session judge, in his order on Saturday. Alister Anthony Pareira, who was from a family of real estate developers, driving a Toyota Corolla, had mowed down seven people on Carter Road, Mumbai in 2006.