- 1 - NC: 2025:KHC:16476 CRL.P No. 2613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2613 OF 2025 BETWEEN: MR. DADAPEER @ DADAPEER KHAN, S/O LATE HAYATH PEER KHAN, AGED ABOUT 24 YEARS, OCCUPATION: P.E. TEACHER, IN DHABASPETE PUBLIC SCHOOL, LAKKURU VILLAGE, SOMAPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 560 094. …PETITIONER (BY SRI. KARIAPPA N.A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE STATION, TUMKURU - 572 118. 2. SUPERINTENDENT, DISTRICT PRISON, TUMKURU - 572 101, (BOTH REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.) 3. RUDRESH N, S/O LATE NANJAPPA, AGED ABOUT 48 YEARS, GULARIVE VILLAGE, GULURU HOBLI, TUMKURU DISTRICT - 572 118. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 AND R2; SRI. RAVIKUMAR, ADVOCATE FOR R3) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16476 CRL.P No. 2613 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. SET ASIDE THE ARREST AND DETENTION DATED 26.11.2024 EFFECTED BY RESPONDENT NO.1 WOMEN P.S. TUMAKUR IN CR.NO.193/2024 FOR THE OFFENCE P/U/S 137(2), 64, 351(2) OF BNS AND SEC.6 OF POCSO ACT AS ILLEGAL AND ABUSE OF PROCESS OF LAW AS PER ANNEXURE-B AND CONSEQUENTLY TO RELEASE HIM FORTHWITH FORM JUDICIAL CUSTODY. 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 was released from judicial custody pursuant to the order dated 25.02.2025 passed by this Court, on the ground that the grounds of arrest were not served on the petitioner at the time of arrest, which is a violation of Article 22(1) of the Constitution of India. Admittedly, the grounds of arrest were not served on the petitioner at the time of arrest. Therefore, the interim order dated 25.02.2025 passed by this Court in this petition is made absolute. 2. Accordingly, the petition stands disposed of without going into the merits of the case. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HDK List No.: 2 Sl No.: 80 CT: BHK