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CDJ 2026 Kar HC 104 print Preview print print
Court : High Court of Karnataka
Case No : Criminal Petition No. 17546 Of 2025 (439(Cr.PC) / 483(BNSS))
Judges: THE HONOURABLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
Parties : T. Roshan Versus State Of Karnataka by Jeevan Bhima Nagar Traffic PS, Reptd. by SPP, Bengaluru
Appearing Advocates : For the Petitioner: M.G. Riyazulla Khan, Mahammad Asfak, Advocates. For the Respondent: M.M. Waheeda, HCGP.
Date of Judgment : 04-02-2026
Head Note :-
Motor Vehicles Act - Section 185 -

Comparative Citation:
2026 KHC 6337,
Judgment :-

(Prayer: This Crl.P is filed under Section 439 of Cr.P.C (filed under Section 483 of BNNS) praying to enlarge the petitioner on bail in Cr.No.347/2025 for alleged offences punishable under Sections 105, 281 of BNS and Section 185 of IMV Act registered by the respondent Police/ Jeevan Bhima Nagar Traffic Ps, now pending on the file of judicial magistrate first class (Traffic Court-I) Bengaluru.)

Oral Order

1. This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No.347/2025 of Jeevan Bhima Nagar (Indiranagar) Traffic Police Station registered for offences punishable under Sections 105, 281 of BNS and Section 185 of Motor Vehicles Act.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent State.

3. Learned counsel for the petitioner would contend that the accident has taken place at 02.00 a.m. during midnight. It is doubtful that there were eye witnesses at the time of accident. The deceased died as the back wheels of lorry of the petitioner was run over on his head. Merely because the petitioner had consumed alcohol, the case has been registered for offence punishable under Section 105 of BNS. The alleged act does not amounts to culpable homicide. The petitioner is in judicial custody since 10.12.2025 and as major portion of the investigation is over, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prays to allow the petition.

4. Per contra, learned High Court Government Pleader for the respondent State would contend that the accident has not taken place due to any mechanical defect of the Lorry. The petitioner was found drunk at the time of accident. Even after the accident, he did not stop the vehicle and therefore, back wheels of the lorry were run over the head of the deceased which caused his death. There is eyewitness to the incident and statement of eyewitness has been recorded. With this, she prayed to reject the petition.

5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record.

6. The petitioner is lorry driver. The allegation against the petitioner is that he drove his lorry in rash and negligent manner and dashed to the scooter of the deceased and he did not stop his lorry and back wheels of the lorry ran over the head of the deceased and caused his death. The petitioner found consumed alcohol to the extent of 42mg/100ml on test in alcohol meter. The accident has taken place during the night hours at 02.00a.m.(midnight). Whether the accident has caused due to rash and negligent driving of the petitioner or whether the petitioner has committed culpable homicide attracting offence punishable under Section 105 of BNS is matter of investigation and trial. The petitioner is in judicial custody since 10.12.2025 and as major portion of the investigation is over, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. The petitioner has undertaken to appear before the trial Court and abide by any conditions to be imposed by this Court. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

7. In the result, the following

ORDER

          i) The petition is allowed.

          ii) The petitioner is granted bail in Crime No.347/2025 of Jeevan Bhima Nagar (Indiranagar) Traffic Police Station registered for offences punishable under Sections 105, 281 of BNS and Section 185 of Motor Vehicles Act subject to following conditions:

          a) The petitioner -accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Jurisdictional Court.

          b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly.

          c) The petitioner -accused shall co-operate with the Investigating Officer in further investigation, if any.

          d) The petitioner -accused shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.
 
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