- 1 - NC: 2025:KHC:10928 CRL.P No. 3403 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3403 OF 2025 BETWEEN: 1. RAMESH J S/O LATE JAYARAMAPPA, AGED ABOUT 30 YEARS, OCCUPATION: X-RAY TECHNICIAN IN BASAVESHWARA HOSPITAL R/AT NEAR NANDINI STORE, BHOVI COLONY, MATADHA KURUBARAHATTI, CHITRADURGA TALUK AND DISTRICT-577 501 (NOW IN JUDICIAL CUSTODY DISTRICT PRISON, CHITRADURGA). …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. KARIAPPA N.A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE STATION, CHITRADURGA CITY-577 502. 2. CHIEF SUPERINTENDENT DISTRICT PRISON, CHITRADURGA - 577 501. (BOTH ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10928 CRL.P No. 3403 of 2025 3. HANUMANTHAPPA, S/O LATE EARAPPA, AGED ABOUT 44 YEARS, R/AT CHATNIHALLI VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA - 583 131. …RESPONDENTS (BY SRI. LAKSHMAN B, HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ARREST DATED 08.09.2024 AND REMAND ORDER DATED 08.09.2024 PASSED IN CRIME NO.111/2024 OF WOMEN POLICE STATION CHITRADURGA WHICH IS PENDING ON THE FILE OF HON'BLE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA AS PER ANNEXURE-A, B AND D AS ILLEGAL AND CONSEQUENTLY RELLEASE HIM JUDICIAL CUSTODY FORTHWITH AND ETC. 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, who has been charge sheeted for the offences punishable under Sections 80(5), 85(2), 3(5) of BNS, 2023, and Section 3 and 4 of Dowry Prohibition Act, is before this Court seeking relief. 2. The petitioner challenges the legality of his arrest contending that at the time of arrest, the grounds of arrest were not disclosed, and thereby is in violation of Article 22(1) of Constitution of India. - 3 - NC: 2025:KHC:10928 CRL.P No. 3403 of 2025 3. The learned High Court Government Pleader, on receiving instruction submitted that the grounds of arrest were not disclosed to the petitioner at the time of arrest. 4. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- State of Haryana & anr. - in 2025 INSC 162, following the earlier decision has held 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. The reason is that, as provided in Article 21, no person can be deprived of his liberty except in accordance with the procedure established by law. 5. The petitioner was arrested on 8.9.2024 and remanded to the judicial custody without disclosing the grounds of arrest. Therefore, the arrest of petitioner stands vitiated for violation of Article 22(1) of Constitution of India. 6. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner is held to be illegal and without authority of law. - 4 - NC: 2025:KHC:10928 CRL.P No. 3403 of 2025 7. Accordingly, the petition is allowed. The respondents No.1 and 2 are hereby directed to release the petitioner-accused- No.1 in C.C.No.1808/2024, on the file of the I Additional Senior Civil Judge and JMFC, Chitradurga, 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, subject to following conditions: a) The petitioner/accused No.1 shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court; b) He shall appear before the Trial Court as and when required; c) He shall not threaten or allure the prosecution witnesses in whatsoever manner; d) He shall not get involved in similar offences; e) He shall not leave the territorial limits of the police station without prior permission of the Trial Court. The Registry is hereby directed to communicate this order to the respondent No.1 and 2, Jail Authorities forthwith without any delay through e-mail and telephonically. hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 1