‘Wheeling Misconstrued As Bravado By Youth, Unaware Of Grave Risks’: Karnataka HC Urges Legal Reform To Curb It

The Court underscored the inadequacy of existing laws under the Indian Penal Code and the Motor Vehicles Act in deterring such reckless behavior.

The Single Bench of Justice V Srishananda, while dismissing a bail application filed by Arbaz Khan, who was arrested for allegedly performing wheelies and assaulting police personnel, observed, “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.”

Highlighting that "wheeling", the act of lifting a motorcycle’s front wheel while in motion, is often glamorized among youth, the Court noted the stunt has dangerously spread from urban roads to rural areas, creating serious risks for both riders and the general public.

"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," the Court remarked.

The Court remarked that such perilous misadventures not only endanger the lives of riders and pillion passengers but also disrupt public order and safety, “The act of a few unscrupulous and unmindful youths in indulging in wheeling would definitely disturb the public order and tranquility.”

Justice Srishananda stressed that the bailable nature of reckless driving offences under current laws significantly hampers the ability of enforcement agencies to effectively curb such behavior.

Taking judicial notice of the alarming rise in such incidents, the Court urged the State to fulfill its “bounded duty” to legislate tougher measures. The Court said, "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."

The remarks came in a case involving Arbaz Khan, who was booked under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, including Sections 132, 109(1), 121(1), 115(1), 352, 351(2), 238 read with Section 3(5), 281, 125, 125(a), and under Sections 183, 184, 192, 196 and 177 of the Motor Vehicles Act.

According to the police, Khan and two others were performing wheelies in October 2024 when they fell off their motorcycle. Upon approaching to assist them, the police were allegedly assaulted by the accused, who also abused them in filthy language and threw a police officer’s mobile phone into the Tungabhadra canal.

Dismissing the bail petition, the Court noted the petitioner’s habitual involvement in such offences and his aggression toward police officers. It said, “In curbing the acts of a few unscrupulous elements that have a deleterious impact upon society at large, thereby disturbing public order and endangering the safety and security of citizens... the discretionary power vested in this Court cannot be exercised in favour of the applicant.”

The Court concluded that mere filing of a chargesheet does not automatically entitle the petitioner to bail, particularly in light of his past conduct and the seriousness of the present allegations.

Noting that the Khan is a habitual offender, the Court observed, "Mere filing of the charge sheet, by itself, cannot be held sufficient to entitle the petitioner to an order of bail by invoking the extraordinary jurisdiction of this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023."

Accordingly, the Criminal Petition was rejected.