Road rage case: Karnataka HC grants relief to SUV driver after he claims victim jumped on bonnet himself

The Karnataka High Court recently granted interim relief to a man who was booked on an attempt to murder charge over a road rage incident, where he is accused of driving his car with another man clinging onto the vehicle [R Suresh v State of Karnataka].

Justice M Nagaprasanna on April 25 ordered the police not to take any coercive action against the accused man or harass him in the garb of investigation, provided he cooperates with the probe.

During the hearing, the accused man's counsel, advocate Shatabish Shivanna, told the Court that the case was registered only because it was publicised without context through social media.

The judge, however, questioned why he did not stop the vehicle after the man climbed onto the bonnet.

"Why did you take the man on the bonnet and drop him later? He came on the bonnet, what made you to move the vehicle? I am asking only that much, whether social media (amplified it unnecessarily or not), leave it. Why did you not stop the vehicle? However he has come, he's on your bonnet. Why did you move the car? You should have stopped the car," he said.

The accused man's counsel replied that the accused man's conduct was due to fear. He added that it would become clear why his client continued driving the car with a man on his bonnet if it is shown how the latter had climbed onto the bonnet in the first place.

He went on to argue that after the road rage incident, the petitioner (accused man/ car driver) had called the Hoysala police. The police had, in fact, asked him to file a complaint against the man who climbed onto the bonnet.

However, after out-of-context clips of the incident went viral on social media, a case was registered against the driver instead, the lawyer argued.

"Social media has generated this problem," the judge remarked.

The incident took place on February 11 when R Suresh, the driver of an SUV (petitioner before the High Court), got into a heated altercation with one Nanjunda.

According to reports, Nanjunda was travelling by car with his relative, who was driving the vehicle, to transport some flowers when he encountered the SUV driven by Suresh. Suresh is reported to have honked at Nanjunda's vehicle repeatedly from behind, prompting him to get down and confront Suresh.

When the argument got heated, Suresh allegedly tried to drive away, even as Nanjunda stood in front of the vehicle. Nanjunda ended up clinging on to the bonnet of the vehicle driven by Suresh. The car is reported to have continued speeding even as Nanjunda made gestures to halt it. The vehicle was eventually intercepted and made to stop.

Visuals of the incident went viral.

Suresh was booked on charges of attempt to murder and making insults with an intent to provoke a breach of peace.

He then moved High Court to quash this case.

During the hearing of the matter on April 25, his counsel argued that the police had initially found that Nanjunda was the aggressor and advised Suresh to file a complaint against him.

However, after social media visuals about the incident went viral, Suresh was booked instead, advocate Shivanna argued.

In this regard, he referred to a video posted on social media by the official handle of the Bangalore City Police. There was a tearing hurry to create content to declare to the public that the police had taken swift action, he said. In the end, the police ended up filing an FIR against a man who wanted to file a road rage complaint, he contended.

"The person who went to the police to register the FIR - three hours later, FIR is pinned against him! ... The complainant did not want to register an FIR in the first place. He said I was going for a goods delivery, I am undergoing a loss since I am not able to deliver it. Please give me one lakh rupees or fifty thousand, I will go away. But no. The investigating officer was under strict instructions to register an FIR, coerced into registering the FIR," the petitioner's lawyer said.

The State's counsel was prompt to object.

"We don't need to coerce; we can register and FIR on our own. There is a video circulated which speaks about the commission of an offence. We can register an FIR. If we allow these kind of things to happen in Bengaluru city, it is very unfortunate," said Additional State Public Prosecutor BN Jagadish.

The Court eventually said that it will examine the matter in detail when the case is heard next after the upcoming court vacations.

"Don't take any coercive steps. We will answer every contention of yours, but after vacations," said Justice Nagaprasanna.

The Court has listed the plea next on June 5. It has also sought a copy of the police's final report in the matter.