- 1 - NC: 2025:KHC:16892 WP No. 9263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9263 OF 2025 (GM-RES) BETWEEN: 1. RANGANATHA S/O KRISHNAPPA AGED ABOUT 23 YEARS RESIDING AT KEREKATTIGANOOR VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BANGALURU RURAL DISTRICT PIN CODE NO. 262 111. …PETITIONER (BY SRI. GIREESHA J T., ADVOCATE) AND: 1. STATE BY NELAMANGALA TOWN POLICE STATION, BANGALORE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE, PIN CODE 560 001. 2. SMT GAYITRAMMA W/O HEMANTH KUMAR, AGED ABOUT 43 YEARS R/AT NO 7128, MARUTHI NAGARA WEAVERS COLONY, NELAMANGALA TOWN, BENAGALURU RURAL DISTRICT PIN 562 123. …RESPONDENTS (BY SRI. B LAKSHMAN, HCGP FOR R1; V/O DT.28.3.2025, NOTICE TO R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS PRAYING TO QUASH FIR IN CRIME NO.230/2024, DATED 12.10.2024 VIDE ANNX-A REGISTERED BY THE Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16892 WP No. 9263 of 2025 NELAMANGALA TOWN POLICE BANGALORE DISTRICT, ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE (FTSC-II) BANGALURU RURAL DISTRICT, BANGALURU. 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 was arrested on 17.10.2024 in Crime No.230/2024 registered for the offence punishable under Section 137(2) of BNS, 2023 is before this Court seeking relief. 2. The petitioner's primary contention is that, the grounds of arrest were not served on the petitioner at the time of arrest, which is vitiated for violation of Article 22(1) of the Constitution of India and Section 50 of BNS, 2023. 3. The learned High Court Government Pleader for the respondent - State submits that the grounds of arrest were not served on the petitioner. 4. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The State of Haryana & Another, reported in (2025) 2 SCR 424 has reiterated that the requirement of informing the person arrested of the grounds of arrest is not a mere 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 - who is 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 - 3 - NC: 2025:KHC:16892 WP No. 9263 of 2025 as may be after the arrest, it would amount to a violation of the fundamental right of the arrestee as 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 that no person can be deprived of his liberty, except in accordance with the procedure established by law. 5. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner stands vitiated for violation of Article 22 (1) of the Constitution of India and in such circumstances, the petitioner is entitled to be released from judicial custody. 6. Accordingly, the petition is allowed. 7. The Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner forthwith from judicial custody forthwith, if he is not required in any other case, in Crime No.230/2024 registered by the Nelamangala Town Police, Bangalore District, on the file of the learned Additional District and Sessions Judge for (FTSC-II) Bengaluru Rural District, Bengalulru, subject to the following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum of to the satisfaction of the Trial Court within a period of two weeks from the date of his release; - 4 - NC: 2025:KHC:16892 WP No. 9263 of 2025 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 summoned; iv) The petitioner shall not involve in similar offences in the future; v) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer. iv) 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 BKM List No.: 1 Sl No.: 173