- 1 - NC: 2025:KHC:13402 CRL.P No. 2776 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2776 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. JAFFER SHARIF @ NAYA @ NAYAZ S/O MANSOOR SHARIF AGED ABOUT 44 YEARS R/AT NO.75, 6TH MAIN ROAD 4TH CROSS, SHAMANNA GARDEN MYSURU ROAD BANGALORE 560026 (NOW IN JUDICIAL CUSTODY CENTRAL PRISON BANGALORE) …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE A/W SRI. KARIAPPA N A., ADVOCATE) AND: 1. STATE OF KARNATAKA BYATARAYANAPURA POLICE STATION BANGALORE CITY 560092. 2. SHREESHAIL ZULFI POLICE SUB INSPECTOR BYATARAYANAPURA POLICE STATION BANGALORE 560092. 3. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPANA AGRAHARA BANGALORE 560100. (ALL ARE REP BY Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13402 CRL.P No. 2776 of 2025 LEARNED STATE PUBLIC PROSUCTOR HIGH COURT OF KARNATAKA BANGALORE 560001) …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1) CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER OF ARREST DATED 07.12.2024 AS ILLEGAL AND ABUSE OF PROCESS OF LAW AS PER ANNEXURE-D. 2) FURTHER TO SET ASIDE THE ORDER OF REMAND AND DETENTION PASSED BY THE HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, SPECIAL JUDGE NDPS, BANGALORE CITY DATED 07.12.2024 AND 19.12.2024 AND TILL THIS DATE AS PER ANNEXURE-B IS ILLEGAL AND CONSEQUENTLY DIRECT THE RESPONDENTS TO RELEASE THE PETITIONER FORTHWITH FROM ILLEGAL DETENTION. THIS PETITION, COMING ON FOR ADMISSION, 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 28.02.2025, directed the respondents 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 for in this petition is also to direct the respondents to release the petitioner on the same grounds, and as the petitioner has already been released from custody, the present petition stands disposed of. Accordingly, the - 3 - NC: 2025:KHC:13402 CRL.P No. 2776 of 2025 orders dated 7.12.2024, and 19.12.2024, as well as the order of remand and detention passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, Bangalore (CCH-33), 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 BKM List No.: 1 Sl No.: 253