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Karnataka High Court
Roshan T vs State Of Karnataka By on 4 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:6337
CRL.P No. 17546 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH 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
LAKSHMINARAYANA JEEVAN BHIMA NAGAR TRAFFIC PS
MURTHY RAJASHRI
Location: HIGH
BENGALURU CITY
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,
-2-
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
NC: 2026:KHC:6337
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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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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HC-KAR
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.
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HC-KAR
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.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 8
