- 1 - NC: 2025:KHC:12563 WP No. 8612 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. 8612 OF 2025 (GM-RES) BETWEEN: 1. THAMEEMULLA SHARIF S/O RAHAMATH ULLA SHARIFF, AGED ABOUT 34 YEARS, R/AT NO.139, 7TH CROSS, SHANTHI NAGARA, MYSURU-570 019. 2. FURKHAN AHMED S/O JAMEEL AHMED MAJARI, AGED ABOUT 30 YEARS, R/AT NO.330, 3RD CROSS, MAHADEVAPURA ROAD, SHANTHI NAGAR, UDAYAGIRI, MYSURU-570 019. (NAME AND ADDRESS OF THE PETITIONERS ARE AS PER AADHAR CARD_ (THE ABOVE PETITIONER IS IN JUDICIAL CUSTODY) …PETITIONERS (BY SRI. LETHIF B., ADVOCATE) AND: THE STATE OF KARNATAKA BETTADAPURA POLICE STATION, MYSURU DISTRICT, REP. BY SPP, HIGH COURT BUILDING, DHARWAD-560 001. …RESPONDENT (BY SRI. RAHUL RAI, HCGP FOR R1) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12563 WP No. 8612 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA 2023 PRAYING TO DECLARE THE ARREST OF THE PETITIONER DATED 13.01.2025 IN CRIME NO.193/2024 OF BETTADAPURA POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 331(2), 305 OF BNS WHICH IS PRODUCED AT ANNEXURE-C 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 petitioners - accused Nos.1 and 2, who have been arrested in Crime No.193/2024 for the offences punishable under Sections 331(2) and 305 of BNS, 2023, are before this court. 2. A case came to be registered against unknown person for the commission of theft of cash of Rs.1,45,000/- belonging the informant. During the course of investigation, the petitioners were apprehended and were remanded to the judicial custody. 3. The petitioners primary contention is that the grounds of arrest as stated under Section 47 of BNSS, 2023 was not served, and therefore, the arrest stands vitiated for non-compliance of Section 22(1) of Constitution of India. 4. The learned High Court Government has placed on record the grounds of arrest alleged to have been served on the petitioners. Perusal of the same indicates that the complaint filed against the unknown person has been copied, and reflected in the - 3 - NC: 2025:KHC:12563 WP No. 8612 of 2025 grounds of arrest, and there is no averments in the grounds of arrest that the petitioners have committed the offence of commission of theft in Crime No.193/2024. Further, the petitioners were also issued with notice under Section 35(3) of BNSS, 2023, but the grounds of arrest does not disclose that the Investigating Officer has formed an opinion as to whether the petitioners have complied with or not complied with the terms of the notice issued under Section 35(3) of BNSS, 2023. 5. 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. 6. As such, the grounds of arrest is not in conformity with Section 47 of BNSS, 2023. Therefore the arrest of the petitioners stands vitiated for non-compliance of Article 22(1) of Constitution of India and Section 35(5) of BNSS, 2023. 7. Accordingly, the petition is allowed. The respondent No.1 is directed to release the petitioners forthwith in Crime No.193/2024 registered by the Bettadapura P.S, Mysore District subject to following conditions: a) The petitioners/accused Nos.1 and 2 shall furnish indemnity bond for a sum of Rs.One - 4 - NC: 2025:KHC:12563 WP No. 8612 of 2025 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. b) They shall appear before the Investigating Officer as and when required. c) They shall not threaten or allure the prosecution witnesses in whatsoever manner. d) They shall not get involved in similar offences. e) They shall not leave the territorial limits of the police station without prior permission of the Investigating Officer. 8. The K R Nagar Sub-Jail, K R Nagar, Mysore District, is hereby directed to release the petitioners forthwith in Crime No.193/2024 registered by the Bettadapura 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. 9. 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.: 102