- 1 - NC: 2025:KHC:12599 WP No. 8630 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 8630 OF 2025 (GM-RES) BETWEEN: 1. SUJITH KUMAR S/O SUNIL RAM, AGED ABOUT 27 YEARS, PRESENTLY RESIDING AT DAIMOND TALKIES ROAD, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT PIN-563 125. AND PERMANENTLY RESIDING AT KARPURI NAGAR VILLAGE, SUGHARI POST, GOBINDHPUR TALUK, NAVAD DISTRICT, BIHAR-805 126. …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA CHINTAMANI TOWN POLICE STATION, CHIKKABALLAPURA DISTRICT, REP. BY SPP, HIGH COURT BUILDING, DHARWAD-560 001. 2. SMT. SAVITHRI BHAI, W/O. MAHESH SUHANI, AGED ABOUT 35 YEARS, PRESENTLY RESIDING AT DAIMOND TALKIES ROAD, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12599 WP No. 8630 of 2025 CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563 125. AND PERMANENTLY RESIDING AT WARD NO.12, CHANDRADAPI VILLAGE JOGIHAR POST, DOGRO PANCHAYATH TANA JOWLE TALUKDHARBANG DISTRICT BIHAR-847303.. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS 2023 PRAYING TO DECLARE THE ARREST OF THE PETITIONER DATED 24/02/2025 IN CRIME NO.28/2025 OF CHINTAMANI TOWN POLICE STATION, CHIKKABALLAPURA DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 137(2), 64 BNS-2023 AND 6, 8 AND 12 OF POCSO ACT 2012 WHICH IS PRODUCED AT ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER A case is registered in Crime No.28/2025 by the Chintamani Town Police Station, Chikkabalalpuara District for the offence punishable under Sections 137(2), 64 of BNS, 2023 and Sections 6, 8, and 12 of POCSO Act, 2012. 2. Heard the learned counsel for the parties. 3. A perusal of the grounds of arrest allegedly served on the petitioners discloses that except reproducing the averments in the complaint, there are no grounds stated for arresting the petitioner. Moreover, the grounds - 3 - NC: 2025:KHC:12599 WP No. 8630 of 2025 of arrest was not communicated to the relatives of the accused as stated under Section 48 of BNSS, 2023. The grounds of arrest discloses that the notice of arrest is not in conformity with Section 47 of BNSS, 2023, and also Article 22(1) of the Constitution of India. 4. A Co-ordinate Bench of this Court in the case of Noufal M K -vs- State of Karnataka and anr. in WP No.6778/2025 following the decisions of the Apex Court in the cases of Pankaj Bansal -vs- Union of India- (2024) 7 SCC 576, and Prabir Purkayastha -vs- State (NCT of Delhi)- (2024) 8 SCC 254, and Vihaan Kumar -vs-State of Haryana- 2025 INSC 162, released the petitioner therein, stating that arrest stands vitiated for non-disclosure of the grounds of arrest. 5. Therefore the arrest of the petitioner stands vitiated for non-compliance of Article 22(1) of Constitution of India and Section 35(5) of BNSS, 2023. The grounds of arrest is not inconformity with Section 47 of BNSS, 2023. 6. Accordingly, the petition is allowed. The respondent No.1 to release the petitioner forthwith in Crime No.28/2025 registered by the Chintamani Town P.S, Chikkaballapura District subject to following conditions: a) The petitioner/accused shall furnish indemnity bond for a sum of Rs.One lakh with one local - 4 - NC: 2025:KHC:12599 WP No. 8630 of 2025 surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall appear before the Investigating Officer 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 Investigating Officer. 7. The Chikballapura sub-Jail, Chikkaballapur District, is hereby directed to release the petitioner forthwith in Crime No.28/2025 registered by the Chintamani Police Station without any delay, and immediately upon a receipt of copy of this order, if they are not required for any other cases, if any. 8. The Registry is directed to communicate this order to the Jail Authorities forthwith without any delay through e-mail and telephonically. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 103