ORAL ORDER

1. Accused in Crime No.136/2024 registered by Jeevan Bhima Nagar (Indiranagar) Traffic Police Station, Bengaluru City, for the offences punishable under Sections 281, 125(b) and 105 of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 185 of the Indian Motor Vehicles Act, 1988, is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.136/2024 was registered by Jeevan Bhima Nagar (Indiranagar) Traffic Police Station, Bengaluru City, initially for the offences punishable under Sections 281, 125(b) of the BNS Act and Section 185 of the Indian Motor Vehicles Act, 1988, against the petitioner herein on the basis of the first information dated 12.07.2024 received from Vignesh S/o Shivkumar. During the course of investigation in the case, petitioner was arrested and remanded to judicial custody on 13.07.2024. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.25669/2024 was rejected on 05.08.2024. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that accident in question had taken place in the midnight. The deceased, who also was drunk had contributed for the accident and as a result, the petitioner and deceased both had suffered injuries. It is submitted that the petitioner himself shifted the injured to the hospital for treatment and also has spent huge amount for his treatment. He submits that incident in question has taken place accidentally. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP submits that petitioner was riding his bike after consuming alcohol and it is in this background, offences punishable under Section 105 of the BNS Act has been invoked in the present case subsequently. Investigation in the case is under progress. Accordingly, prays to dismiss the petition.

6. From a perusal of the first information, it is seen that the accident in question had taken place at 00:30 hours on 12.07.2024 and the petitioner who was riding his motor cycle bearing registration No.KA51ER6471 had allegedly dashed against the deceased Papuacharjee, who was a pedestrian. In the accident, Papuacharjee had suffered grievous injuries and it appears that the petitioner had also suffered injuries. Petitioner has produced material before this Court to show that he had paid a sum of more than Rs.2 lakhs in the Hospital in which injured Papuacharjee was admitted.

7. Petitioner was produced before the jurisdictional Magistrate on 13.07.2024 at about 10.00 p.m. in his home office. The order sheet would reflect that the petitioner was arrested on 13.07.2024 at about 12.00 in the noon at Old Madras Road. In the first information that was registered on 12.07.2024 itself, it is mentioned that petitioner was found to have consumed 100 ml of alcohol. Considering the aforesaid aspect of the matter, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.136/2024 registered by Jeevan Bhima Nagar (Indiranagar) Traffic Police Station, Bengaluru City, for the offences punishable under Sections 281, 125(b)

and 105 of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 read with Section 185 of the Indian Motor Vehicles Act, 1988, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave t