- 1 - NC: 2025:KHC:10575 WP No. 6446 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6446 OF 2025 (GM-RES) BETWEEN: SUDHISH BABU B H S/O BALACHANDRA NAIR AGED ABOUT 43 YEARS, R/AT FLAT NO.1324, C BLOCK, 13TH FLOOR, BRIGADE BUENA VISTA, BOMANAHALLI GATE, BIDARAHALLI HOBL0I, BENGALURU EAST, BENGALURU. …PETITIONER (BY SRI. N. RAVINDRANATH KAMATH, SENIOR COUNSEL FOR SRI. VISHWAS GOWDA G.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY AVALAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU-560 001. 2. THE SUPERINTENDENT OF POLICE BENGALURU RURAL DISTRICT NO.5, MILLERS ROAD, BANGALORE - 560 051. 3. SUPERINTENDENT OF CENTRAL PRISON, BENGALURU, PARAPPANA AGRAHARA BENGALURU - 560 068. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1 TO R3) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10575 WP No. 6446 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO DECLARE THE ARREST OF THE PETITIONER DATED 09/12/2024 IN CRIME NO.409/2024 REGISTERED BY AVALAHALLI P.S. FOR OFFENCES P/U/S 103, 238 AND 351(2) OF BNSS AND CONSEQUENTLY DECLARE AND SET ASIDE THE REMAND AT ANNEXURE-C ORDER DATED 09/12/2024 PASSED BY THE 1ST ADDITIONAL CJM, BENGALURU RURAL AS VITIATED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner who has been charge-sheeted for the offences punishable under Sections 103, 238, and 351(2) of BNSS 2023, is before this Court challenging his arrest dated 9.12.2024, which is contrary to Article 22(1) of the Constitution of India. 2. The petitioner was arrested in Crime No.409/2024 by the Avalahalli Police Station. 3. Sri N. Ravindranath Kamath, learned senior counsel representing the petitioner's counsel submitted that the grounds of arrest were not disclosed and served on the petitioner at the time of the arrest and therefore the same stands vitiated for non- compliance provision of Article 22(1) of Constitution of India. In support, reliance is placed on the decision of the Apex Court in the case of Vihaan Kumar -vs- The state of Haryana & Anr. - in 2025 INSC 162. - 3 - NC: 2025:KHC:10575 WP No. 6446 of 2025 4. In response, the learned High Court Government Pleader, for the respondent-State has placed on record the grounds of arrest alleged to have been served on the petitioner at the time of the arrest. However, upon instructions, the learned HCGP submitted that the grounds of arrest were not produced along with the remand application to the learned Magistrate. 5. Perusal of the grounds of arrest indicated that it does not bear the date on which it was served on the petitioner, and the grounds of arrest were not produced along with the remand application. Therefore, it is implied that the grounds of arrest were not disclosed and served on the petitioner at the time of the arrest, and therefore, the same stands vitiated for non-compliance with Article 22(1) of the Constitution of India. 6. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The state of Haryana & Anr. - in 2025 INSC 162, has reiterated that the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. Article 22 is included in Part III of the Constitution under the heading of fundamental rights. Thus, it is the fundamental right of every person arrested and detained in custody to be informed of the grounds of arrest as soon as possible. If the grounds of arrest are not informed as soon as may be after the arrest, if would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty, to effectively challenge the arrest. Article 21 of the Constitution states - 4 - NC: 2025:KHC:10575 WP No. 6446 of 2025 that no person can be deprived of his liberty, except in accordance with the procedure established by law. 7. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner herein is held to be illegal and without the authority of law. 8. Accordingly, this petition is allowed. 9. The 3rd respondent, Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner-accused forthwith in Crime No.409/2024, registered by the Avalahalli Police Station, for the offences punishable under Sections 103, 238, and 351(2) of the Bharatiya Nyaya Sanhita (BNSS), 2023 subject to the following conditions: i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one local surety for the like sum to the satisfaction of the Trial Court within a period of two weeks from the date of his release; ii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioner shall appear before the investigating officer as and when required; iv) The petitioner shall not involve in similar offences in the future; - 5 - NC: 2025:KHC:10575 WP No. 6446 of 2025 v) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer. vi) The concerned Jail Authorities are hereby directed to release the petitioner forthwith without any delay and immediately upon a receipt of copy of this order if he is not required for any other cases, if any. vii) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 143