ORDER : 1. This application is filed under Section 438 of the Cr.P.C. 2. The applicant herein is a driver of a limited stop private bus. The prosecution case is that on 12.9.2019 at 12.40 p.m. the applicant drove the bus bearing registration No. KL-45-C- 6060 in a reckless manner along the Kodungallur-Irinjalakkuda Public Road from south to north and while overtaking another bus, dashed on a motor bike ridden by Sri. Sreedharan Pillai, who was riding towards the south. Sri. Sreedharan Pillai was thrown under the bus resulting in his instantaneous death. Based on information furnished by a near relative, Crime No. 760 of 2019 was registered at the Irinjalakuda Police Station under Sections 279 and 304 of the IPC. 3. The learned counsel appearing for the applicant submitted that instant is a case of pure rashness and negligence and what would be attracted on facts is only an offence under Section 304A of the IPC. It is urged that the applicant be spared from the rigours of custodial interrogation. 4. The learned Public Prosecutor has opposed the said prayer. It is submitted that the rash and negligent act was preceded with the knowledge that such act was likely to cause death. He would point out that the evidence collected till date clearly reveals that the applicant herein had driven the bus at break neck speed with full knowledge of the consequences. He would refer to the case diary to bolster his submissions. 5. I have considered the submissions advanced and have gone through the materials on record. 6. Having gone extensively through the case diary, I am of the considered view that the applicant herein has not made out a case for grant of pre-arrest bail. Rash or negligent driving on a public road with the knowledge of the dangerous character and the likely effect of the act and resulting in death may fall in the category of culpable homicide not amounting to murder. A person, doing an act of rash or negligent driving, if aware of a risk that a particular consequence is likely to result and that result occurs, may be held guilty not only of the act but also of the result. A person, doing an act of rash or negligent driving, if aware of a risk that a particular consequence is likely to result and that result occurs, may be held guilty not only of the act but also of the result. Those cases which fall within last clause of Section 299, but not within clause "fourthly" of Section 300 may cover the cases of rash or negligent act done with the knowledge of the likelihood of its dangerous consequences and may entail punishment under Section 304 Part II IPC. 7. In Alister Antony Pereira vs. State of Maharashtra, 2012 (2) SCC 648 , it has been held that a person responsible for a reckless or rash or negligent act that causes death which he had knowledge as a reasonable man that such act was dangerous enough to lead to some untoward thing and the death was likely to be caused, may be attributed with the knowledge of the consequence and may be fastened with culpable homicide not amounting to murder and punishable under Section 304 Part II IPC. 8. The case diary shows that the investigation is in the early stages. The likelihood of the witnesses being influenced and the evidence being tampered with cannot be ruled out. Having regard to the nature and seriousness of the offence, the stage of investigation and the prejudice that would befall on the prosecution if the applicant is armed with an order of pre-arrest bail, I am not inclined to allow this application. 9. This application will stand dismissed.