Mumbai, March 10: A sessions court has refused bail to Malad resident Ramesh Jatrara, 41, who was booked for rash driving leading to the death of a four-year-old boy.

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The child was playing with other children in the society’s parking lot when Jatrara allegedly drove his Toyota Innova in a rash and negligent manner and struck the child in the parking area.

Child dies after parking lot accident

According to the case registered with the Dindoshi police, the incident took place on February 7. The boy suffered grievous injuries and died. Police also claimed that Jatrara left the spot without providing medical assistance, after which the society watchman lodged a complaint.

Defence claims incident was accidental

Seeking bail, Jatrara’s lawyer, Akshay Shetty, argued that the FIR does not mention any intention or knowledge on the applicant’s part that his actions could cause death, describing the incident as an accident.

The defence also claimed that Jatrara himself took the injured child to the hospital and alleged that Section 105 of the Bharatiya Nyaya Sanhita, 2023 (culpable homicide not amounting to murder) was added under pressure from the victim’s family.

Prosecution cites prior dispute

The prosecution opposed the plea, stating that the child died due to the accused’s conduct and that the family remained in shock immediately after the incident. They said the more serious charge was added after the child’s cousin recorded his statement with the police the following day.

According to the prosecution, Jatrara was initially released on bail on the day of the incident, as only bailable sections were invoked. However, the cousin later told police that he had an earlier dispute with Jatrara over parking and that the accused had allegedly threatened to kill him.

Court notes risk to investigation

Based on this statement, the prosecution argued that Jatrara was aware that children frequently played in the parking area. Despite this, he drove his vehicle knowing an incident could occur that might cause death. The investigating officer subsequently added Section 105 of the Bharatiya Nyaya Sanhita.

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The court said releasing the accused on bail could hamper the probe and that the possibility of him absconding cannot be ruled out.

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