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NC: 2026:KHC:6337

CRL.P No. 17546 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO. 17546 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

ROSHAN T

S/O MUKUNDAN K.P

AGED ABOUT 47 YEARS

R/AT SRIVILAS, KOLOAM POST

EDAYANNUR, PATTANNUR

KANNUR, KERALA-670 595

…PETITIONER

(BY SRI. M.G. RIYAZULLA KHAN, ADVOCATE FOR

SRI. MAHAMMAD ASFAK, ADVOCATE)

AND:

STATE OF KARNATAKA BY

Digitally signed by JEEVAN BHIMA NAGAR TRAFFIC PS

LAKSHMINARAYANA

MURTHY RAJ ASHRI BENGALURU CITY

Location: HIGH

COURT OF REPTD. BY SPP

KARNATAKA

HIGH COURT BUILDINGS

BENGALURU-560 001

…RESPONDENT

(BY SMT. WAHEEDA M.M, HCGP)

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,

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NC: 2026:KHC:6337

CRL.P No. 17546 of 2025

HC-KAR

NOW PENDING ON THE FILE OF JUDICIAL MAGISTRATE FIRST

CLASS (TRAFFIC COURT-I) BENGALURU.

THIS PETITION, COMING ON FOR ORDES, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

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

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NC: 2026:KHC:6337

CRL.P No. 17546 of 2025

HC-KAR

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.

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NC: 2026:KHC:6337

CRL.P No. 17546 of 2025

HC-KAR

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

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NC: 2026:KH

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