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2025 DAILYLAW 17029 (KAR)

SMT. MEHRUNNISSA v. STATE OF KARNATAKA BY

CRL.P/1884/2025 · 2025-03-14

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:10690 CRL.P No. 1884 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1884 OF 2025 BETWEEN: SMT. MEHRUNNISSA W/O. MANZOOR AHMED SHARIF, AGED ABOUT 61 YEARS, R/AT NO. 8, 6TH MAIN ROAD, 4TH CROSS, SHAMANNA NAGAR, MYSURU ROAD, BANGALORE. …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. MOHAMMED MUBARAK, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYATARAYANAPURA POLICE STATION, BANGALORE CITY. 2. SHREESHAIL ZULFI POLICE SUB INSPECTOR, BYATARAYANAPURA POLICE STATION, BANGALORE. 3. CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPANA AGRAHARA, BANGALORE. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10690 CRL.P No. 1884 of 2025 ALL ARE REP. BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 TO R3) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. QUASH THE ORDER OF ARREST DATED 04.12.2024 AND 05.12.2024 AS ILLEGAL AND ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner has challenged his arrest and remand, contending that the order of arrest is vitiated due to the failure to disclose the grounds of arrest and provide a copy of the same. 2. This Court, vide order dated 14.02.2025, directed the 7th respondent to release the petitioner, subject to certain terms and conditions, on the ground that the arrest was vitiated for not disclosing the grounds of arrest. 3. Since the relief sought in this petition is also to direct the respondent to release the petitioner on the - 3 - NC: 2025:KHC:10690 CRL.P No. 1884 of 2025 same grounds, and as the petitioner has already been released from custody, the present petition stands disposed of. Accordingly, the orders dated 05.12.2024, 12.12.2024, and 19.12.2024, as well as the order of remand and detention passed by the XXXIII Additional City Civil and Sessions Judge, Bengaluru, at Annexure-B, are set aside. 4. The release of the petitioner is made absolute. However, the conditions imposed at the time of release shall continue. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BNV List No.: 1 Sl No.: 76 CT:SNN