Trending Menace: Karnataka High Court Directs State To Take Stringent Measures To Suppress ‘Galloping Trend’ Of Wheeling

The Court dismissed a Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by a 29-year-old coolie accused of road rage by way of wheeling seeking bail for offences under Sections 132, 109(1), 121(1), 115(1), 352, 351(2), 238, 3(5), 281, 125, 125(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 183, 184, 192, 196 and 177 of the Motor Vehicles Act.

A Single Bench of Justice V Srishananda held, “Younger generation riders of the motorcycle are under the misconception that act of wheeling is bravado and indulge in such perilous stunts being unaware of the grave risks involved in the said act…Needless to emphasize that wheeling not only result in endangering the life and safety of the rider or pillion rider but may as well pose serious threat to the general public at large. Thus, act of few unscrupulous and unmindful youth in indulging the wheeling would definitely disturb the public order and tranquility.”

Advocate Sadiq N Goodwala appeared for the Petitioner, while High Court Government Pleader Girija S. Hiremath represented the Respondent.

Brief Facts

The Prosecution alleged that the accused were found Wheeling. When the police on patrolling duty tried to intercept, the motorcycle skidded, and the accused fell. When Police tried to help, they started abusing Police in filthy language, manhandled personnel, snatched a sub-staff's mobile telephone, threw it into a canal, and caused fist injuries when questioned. After pacifying the quarrel, the Police took them into custody and filed an FIR.

Court’s Reasoning

The High Court remarked, “Prima facie allegations including the photographs would go to show that the petitioner did involve in the road rage by way of wheeling. In fact, it is a trending menace in the public road which not only endangers the rider and pillion rider of the motorcycle, but also general public at large.”

“No doubt, the offences alleged against the petitioner in the present case would not be in normal circumstances, would not be so grave so as to deny the bail; but taking note of the fact that the petitioner is the habitual offender. In the case on hand, when he fell down while he had indulged in the act of wheeling, police went to help them out; but the petitioner and other two persons picked up the quarrel with the police personnel and they not only abused the police in filthy language but also high handedly caused injuries to the police personnel besides throwing away the mobile telephone of sub-staff of the police, this Court is of the considered opinion that petitioner is not entitled for grant of bail,” the Court pointed out

The Bench stated, “Legislature has to take into consideration that existing statutory provisions relating to reckless and negligent driving is hardly sufficient to curb the menace and therefore, to fill up the legislative vacuum, suitable and stringent provisions are to be incorporated by amending the Indian Penal Code and Motor Vehicles Act to complement each other.”

Consequently, the Court ordered, “Taking note of the galloping trend and alarming rise in such incidents, it is now the bounded duty of the State and its law enforcement agencies to legislate necessary legal provisions and to take stringent measures to suppress the perilous activity.”

Accordingly, the High Court rejected the Petition holding, “Under such circumstances, this Court is of the considered opinion that the discretionary power vested in it cannot be exercised in favour of the applicant resulting in rejecting the request for grant of bail. Further, materials on record, depict that petitioner being involved in many other criminal cases, he is to be termed as a habitual offender.”

Cause Title: Arbaz Khan @ Arbaj v. The State Of Karnataka (Neutral Citation: 2025:KHC-D:6085)

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