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2025 DAILYLAW 19599 (KAR)

DR. CHANDRASHEKARA. B. G. v. STATE OF KARNATAKA

WP/6550/2025 · 2025-03-06

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:9647 WP No. 6550 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6550 OF 2025 (GM-RES) BETWEEN: 1. DR. CHANDRASHEKARA B. G. S/O B G GURUVIAH, AGED ABOUT 38 YEARS RESIDING AT NO.00, SHRAVANI NILAYA, 4TH CROSS, ANDANAPPA LAYOUT, NELAMANGALA TALUK, SOMPURA HOBLI, DABBESPET, BENGALURU-562 111. …PETITIONER (BY SRI. SANDESH CHOUTA, SENIOR ADVOCATE FOR SRI. MITHUN G A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY DABBESPET P.S. REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. ANIL KUMAR B S S/O SANJEEVAYYA B S AGED ABOUT 36 YEARS, RESIDING AT BILLANAKOTE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU-562 111. …RESPONDENTS (BY SRI. JAGADISH, ADDL. SPP A/W SRI. RAHUL RAI, HCGP FOR R1) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9647 WP No. 6550 of 2025 THIS W.P. IS FILED THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO QUASH THE REMAND ORDER DTD. 03.03.2025 PASSED VIDE ANNX-A BY THE PRINCIPAL CIVIL JUDGE AND JMFC, NELAMANGALA IN CRIME NO. 33/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri Sandesh Chouta, learned senior counsel representing the petitioner, submitted that the petitioner was arrested for an offence under Section 420 of the IPC, which is punishable with imprisonment of less than seven years, without being informed of the grounds of arrest. However, he further submitted that the learned Magistrate has granted bail to the petitioner. 2. In light of the decision of the Apex Court in Vihaan Kumar v. State of Haryana & Another, 2025 SCC Online SC 269, an arrest made without disclosing the grounds stands vitiated, as it violates Article 22(1) of the Constitution of India. - 3 - NC: 2025:KHC:9647 WP No. 6550 of 2025 3. With these observations, the petition stands disposed of. The Investigating Officer is directed to proceed with the investigation strictly in accordance with the law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 1