- 1 - NC: 2025:KHC:13098 CRL.P No. 4156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4156 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR SYED NAWAZ S/O SYED GAFOOR AGED ABOUT 26 YEARS R/AT NO. 82501, 25TH FLOOR TOWER-8, NIKO-I APARTMENT BHARATHIA CITY0 CHOCKKANAHALLI BANGALORE EAST TALUK BENGALURU CITY-560 094. …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. KARIAPPA M.N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KOTHANURU POLICE STATION BANGALORE CITY-560 094. 2. MR. BASAVARAJ LAMANT ASI, KOTHANURU POLICE STATION BANGALORE CITY-560 094. 3. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGARAHARA BANGALORE-560 102. Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:13098 CRL.P No. 4156 of 2025 (ALL ARE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1 TO R3,ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ARREST DATED 09.12.2024 AND ORDER OF REMAND DATED 10.12.2024 PASSED IN CR.NO.459/2024 OF KOTHANURU P.S., BENGALURU CITY PASSED ON THE FILE OF HONBLE 29TH A.C.M.M BENGALURU CITY AS PER ANNEXURE-B AND C AND CONSEQUENTLY RELEASE HIM FORTHWITH FROM JUDICIAL CUSTODY WITH A DIRECTION TO THIRD RESPONDENT. 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 arrested in Crime No.459/2024 for the offence punishable under Section 20(b), 22 (C) of the NDPS Act, 1985, is before this Court. 2. Sri Hashmath Pasha, learned Senior Counsel representing the petitioner's counsel submitted that the grounds of arrest were not served on the petitioner at the time of arrest, and therefore, the same is in violation of Article 22(1) of the Constitution of India. In support, he places reliance on the decision of Vihaan Kumar -vs- The State of Haryana & Anr., 2025 INSC 162. 3. The learned High Court Government Pleader for the respondent - State submitted that the petitioner was arrested after - 3 - NC: 2025:KHC:13098 CRL.P No. 4156 of 2025 serving the arrest memo, and therefore, the same is in conformity with Article 22(1) of the Constitution of India. 4. Perusal of the arrest memo indicated that no grounds are disclosed for arresting the petitioner. 5. The Hon'ble Apex Court in the case of Vihaan Kumar (supra) 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 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. 6. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner herein is held to be illegal and without the authority of law. 7. Accordingly, this petition is allowed. 8. The 3rd respondent, Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner-accused forthwith in Crime No.459/2024, registered by - 4 - NC: 2025:KHC:13098 CRL.P No. 4156 of 2025 the Kothanuru Police Station, Bangalore City for the offences punishable 20(b), 22 (C) of the NDPS Act, 1985 subject to the following conditions: i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court within a period of two weeks from the date of his release; 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 required; 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. vi) 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. vii) 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 BKM List No.: 1 Sl No.: 187