Karnataka HC refuses to drop charge of culpable homicide not amounting murder against father in fatal accident caused by minor son

Justice M. Nagaprasanna made these observations while dismissing a criminal petition filed by Nadeem of Mysuru, who sought to quash the charge sheet against him

Published - October 20, 2026 07:32 pm IST - Bengaluru

A view of the High Court of Karnataka. File | Photo Credit: The Hindu

Expressing concern over accidents caused by minor-driven vehicles and emphasising parental accountability in use of vehicles by minors, the High Court of Karnataka has refused to discharge a father from the charge of culpable homicide not amounting to murder after his 14-year-old son drove a car and caused a fatal accident that claimed three lives of a family.

“The message of the law must equally be unambiguous. A parent who knowingly places the steering wheel in the hands of a child cannot always retreat behind the minority of that child, when the adventure ends in catastrophe. Parenthood carries not merely affection and authority, but responsibility. Roads are shared public spaces, not training grounds for unlawful indulgence,” the Court said.

Further, the Court said that “when parental indulgence knowingly permits a child incapable in law of driving to command a machine capable of causing death, and precious lives are consequently lost, the law is entitled to inquire, upon evidence, whether the conduct was merely negligent or had crossed the frontier into culpable knowledge. That enquiry, in the case at hand, deserves a trial and not a premature burial at the stage of discharge.”

Justice M. Nagaprasanna made these observations while dismissing a criminal petition filed by Nadeem of Mysuru, who sought to quash the charge sheet against him under Section 304 Part-II (culpable homicide not amounting to murder) of the Indian Penal Code (IPC). The petition was restricted solely against the charge of culpable homicide, which attracts imprisonment up to 10 years, as the petitioner did not challenge the other connected offences, attracting lesser punishments.

The incident occurred on December 10, 2020, when the petitioner’s minor son allegedly took a car for a drive. The vehicle, driven at high speed and with negligence, lost control, hit a road divider, and collided with a motorcycle. The crash resulted in the deaths of a couple, including their five-year-old child, while another child sustained injuries.

Initially, a case was registered for rash and negligent driving but after investigation the police invoked the charge of culpable homicide not amounting to murder against for the petitioner.

The petitioner had contended that his son took the car without his knowledge or consent and that, at best, the material could only support a charge of negligence, not culpable homicide, which requires knowledge that the act was likely to cause death.

However, the Court noted that the charge sheet materials indicate that the petitioner was in the habit of permitting his minor son to drive the car repeatedly, himself had handed over the keys to his 14-year-old son on that day of the incident.

The Court noted that the petitioner was not behind the wheel, but the alleged act of ‘consciously entrusting’ a vehicle to a legally incompetent child is a positive act that could attract the requisite knowledge.

“If a parent consciously places a motor vehicle in the hands of a 14-year-old child, knowing fully well that the child is legally incompetent and manifestly unequipped to drive it upon a public road, the question whether such conduct carries with it the requisite knowledge of likely fatal consequences cannot be foreclosed at the threshold stage of trial,” the Court observed while pointing out that a trial essential in this case to establish, or otherwise, the charge of culpable homicide not amounting to murder.

Noticing that Karnataka recorded 751 such accidents involving minors during 2025-26, Justice Nagaprasanna said, “the rising incidence of such accidents, therefore, reinforces the need for courts to exercise circumspection before interdicting a prosecution at its threshold where the charge sheet itself contains material, prima facie, indicating conscious entrustment of the vehicle to a minor.”

Published - October 20, 2026 07:32 pm IST

Karnataka / Bengaluru / state politics

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