- 1 - HC-KAR NC: 2026:KHC:4372 CRL.P No. 16767 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16767 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SRI. DEVARAJU M.S. SON OF SRI. SHIVALILNGAIAH, AGED ABOUT 29 YEARS, RESIDING AT G. MACHENAHALLI VILLAGE, KUNIKENAHALLI POST, KASABA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT - 572 227. …PETITIONER (BY SRI. PRABHULINGA MURTHY B.R., ADVOCATE) AND: STATE OF KARNATAKA BY THE S.H.O. PEENYA TRAFFIC POLICE STATION, BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS PETITION AND ORDER FOR THE RELEASE OF THE PETITIONER ON REGULAR BAIL FROM JUDICIAL CUSTODY IN CRIME Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4372 CRL.P No. 16767 of 2025 NO.279/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 105 AND 281 OF BNS READ WITH 185 OF IMV ACT OF THE RESPONDENT PEENYA TRAFFIC POLICE STATION, WHICH IS PENDING ON THE FILE OF J.M.F.C. (TRAFFIC COURT-III), BENGALURU. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.279/2025 of Peenya Traffic Police Station registered for offences punishable under Sections 105 and 281 of Bharatiya Nyaya Sanhita, 2023 and Section 185 of Motor Vehicles Act. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, the petitioner was a driver of T.T. bearing No.KA 52 - 3 - HC-KAR NC: 2026:KHC:4372 CRL.P No. 16767 of 2025 C 5643 and allegation against him is that, he drove it in a rash and negligent manner and dashed to a pedestrian by name Sri. B.M. Ramu. As a result, the said Sri. B.M. Ramu sustained severe injuries and died. The petitioner stated to have consumed alcohol and he has been caught by the public and handed over to Police. The Police tested the petitioner with alcometer and found that, he had consumed 550mg/100ml of alcohol. The petitioner is in judicial custody since 17.11.2025. Earlier, the FIR is registered against the petitioner for offence under Section 281 and 125(a) of BNS and Section 185 of Motor Vehicles Act. Subsequently, offence under Section 105 of BNS has been invoked. The alleged act of the petitioner causing accident by driving his vehicle in a rash and negligent manner does not attract the offence under Section 105 of BNS. As the major portion of the investigation is over, the petitioner is not required for further custodial interrogation. With these, he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:4372 CRL.P No. 16767 of 2025 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner was found having consumed 550mg/100ml of alcohol at the time of driving the vehicle and causing the accident. The very said act of the petitioner attracts offence under Section 105 of BNS and punishment provided for the said offence is imprisonment for life and it is triable by the Sessions Court. The investigation is in progress. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. As per FIR, the petitioner drove his Tempo- Traveller and dashed to Sri. B.M. Ramu who succumbed to the injuries. The petitioner found to have consumed 550mg/100ml of alcohol and he has been caught by the public and handed over to Police. Earlier, the FIR has been registered for offences under Sections 281 and 125(a) of - 5 - HC-KAR NC: 2026:KHC:4372 CRL.P No. 16767 of 2025 BNS and Section 185 of Motor Vehicles Act. Subsequently, the requisition filed to include offence under Section 105 of BNS. Whether the alleged act of petitioner driving his vehicle consuming alcohol and driving it in a rash and negligent manner attracts the offence under Section 105 of BNS is a matter of investigation and trial. The petitioner is in judicial custody since 17.11.2025 and as the major portion of investigation is over, he is not required for further custodial interrogation. There are no criminal antecedents of the petitioner. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.279/2025 of Peenya Traffic Police Station, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees - 6 - HC-KAR NC: 2026:KHC:4372 CRL.P No. 16767 of 2025 One Lakh only) with one surety for the like-sum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall cooperate with the Investigating Officer in further investigation, if any. iii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iv) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 23