- 1 - NC: 2025:KHC:11436 CRL.P No. 3554 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3554 OF 2025 BETWEEN: RANGASWAMY ALIAS SWAMY. S, S/O LATE SHIVANNA @ BANGARA SHIVANNA, AGED ABOUT 38 YEARS, OCCUPATION: LABOURER R/AT MATSAMUDRA VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522. (NOW IN JUDICIAL CUSTODY DISTRICT PRISON, CHITRADURGA) …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE A/W SRI.KARIAPPA N A.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY PARASHURAMPURA POLICE STATION, CHITRADURGA CITY-577 502. 2. CHIEF SUPERINTENDENT SUB-JAIL CHITRADURGA - 577 501. (BOTH ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001). 3. JAYANNA S/O LATE KARADAPPA, AGED ABOUT 41 YEARS, R/AT MATSAMUDRA VILLAGE, CHALLAKERE TALUK, Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:11436 CRL.P No. 3554 of 2025 CHITRADURGA - 577 522. …RESPONDENTS (BY SRI. M R PATIL., HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ARREST DATED 5-4-2024 AND REMAND ORDER DATED 5-4-2024 PASSED IN CRIME NO.42/2024 OF PARASHURAMPURA POLICE STATION OF CHITRADURGA WHICH IS PENDING IN SPL.CASE (PO) NO.77/2024 ON THE FILE OF IIND ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA AS PER ANNEXURE- A, B AND C AS ILLEGAL AND CONSEQUENTLY RELEASE HIM FROM 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 is facing trial for the offences punishable under Section 376(2)(L) of IPC and Section 4, 5(k) of Protection of Children from Sexual Offences Act, 2012, is before this Court seeking the following reliefs: " 1. To quash the arrest dated 5.4.2024 and remand order dated 5.4.2024 passed in Crime No.42/2024 of Parashurampura Police Station of Chitradurga which is pending in Spl.Case (PO) No.77/2024 on the file of II Additional district and Sessions Judge, Chitradurga as per Annexure-`A', `B', and `D' as illegal and consequently release him from Judicial Custody forthwith. 2. To quash the entire proceedings pending in Spl.Case (PO) No.77/2024 on the file of II Additional District and Sessions Judge, Chitradurga for offences under Section 376(2)(L) of Indian Penal Code and under Section 4, 5(k) of POCSO act which is arising out of Crime No.42/2024 of Parashurampura Police Station of Chitradurga as per Annexure-A, B, C as abuse of process of law. - 3 - NC: 2025:KHC:11436 CRL.P No. 3554 of 2025 3. To quash the order of taking cognizance dated 18.06.2024 and summoning the petitioner passed in Crime No.42/2024 of Parashurampura Police Station of Chitradurga which is pending in Spl.Case (PO) No.77/2024 on the file of II Additional District and Sessions Judge, Chitradurga as per Annexure-`B' as an abuse of process of law. 4. To grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the ends of justice." 2. The petitioner was arrested on 05.04.2024 in relation to Crime No.42/2024 for the aforesaid offences. He seeks his release from judicial custody primarily on the ground that the grounds of arrest were not communicated to him at the time of arrest, rendering the arrest vitiated for violation of Article 22(1) of the Constitution of India. In support, the learned counsel for the petitioner relies on the decision of the Hon’ble Supreme Court in the case of Vihaan Kumar v. State of Haryana & another, reported in 2025 INSC 162. 3. I have heard Sri Hashmath Pasha, learned Senior Counsel representing the petitioner, and the learned High Court Government Pleader for the respondent-State. 4. It is admitted that the grounds of arrest were not disclosed to the petitioner at the time of arrest, and as a result, he was remanded to judicial custody without being informed of the reasons for his arrest. 5. The Hon’ble Apex Court, in the case of Vihaan Kumar (supra), held that the requirement to inform an arrested - 4 - NC: 2025:KHC:11436 CRL.P No. 3554 of 2025 person of the grounds of arrest is not a mere formality but a mandatory constitutional requirement. Article 22, which is part of Part III of the Constitution of India under the heading of Fundamental Rights, guarantees that every person arrested and detained in custody must be informed of the grounds of arrest as soon as possible. Failure to do so constitutes a violation of the fundamental rights guaranteed under Article 22(1) and amounts to depriving the arrestee of his liberty, as no person may be deprived of his liberty except in accordance with the procedure established by law under Article 21. 6. Therefore, the arrest of the petitioner is vitiated by the violation of Article 22(1) of the Constitution of India, and the petitioner has a prima facie case for his immediate release from judicial custody. 7. Accordingly, the Petition is allowed. 8. The Chief Superintendent, Sub-Jail, Chitradurga, is hereby directed to release the petitioner forthwith from judicial custody in Spl.Case(PO) No.77/2024, on the file of learned II Addl.District and Sessions Judge, Chitradurga, registered for the offences punishable under Section 376 (2)(L) of IPC and Section 4, 5(k) of POCSO Act, 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 likesum to the satisfaction of the Trial Court within a period of two weeks from the date of his release; - 5 - NC: 2025:KHC:11436 CRL.P No. 3554 of 2025 ii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioner shall appear before the Trial Court as and when required; iv) The petitioner shall not involve in similar offences in future; v) 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. vi) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BK List No.: 1 Sl No.: 159