- 1 - NC: 2025:KHC:13175 CRL.P No. 4318 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4318 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: MOHAMMED ILLIYAZ @ ILLIYAZ S/O GUDUSAB AGED ABOUT 37 YEARS OCCUPATION: H C 12502 HENNUR TRAFFIC POLICE STATION, BANGALORE CITY R/AT NO.18 GROUND, ATTURU LAYOUT, BANGALORE - 560032 NOW IN JUDICIAL CUSTODY DISTRIC PRISON, CHIKKABALLAPURA. …PETITIONER (BY SRI. HASHMATH PASHA, SRI. ADV. A/W SRI. KARIAPPA N A., ADV.) AND: 1. STATE OF KARNATAKA BY GOWRIBIDANUR TOWN POLICE STATION, CHIKKABALLAPURA-561208. 2. CHIEF SUPERINTENDENT SUB-JAIL, CHIKKABALLAPURA - 561208. (BOTH ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560001). Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:13175 CRL.P No. 4318 of 2025 3. SRINIVAS S/O KRISHNAPPA AGED ABOUT 42 YEARS, R/AT BASAVESHWARANAGAR, NEAR ANNAPORNESHWARI TEMPLE, GOWRIBIDANURU, CHIKKABALLAPURA-561208. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1 AND R2, NOTICE TO R3 IS D/W.) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ARREST OF PETITIONER ON 01.03.2025 AT 2.00 A.M IN CR.NO.30/2025 OF GOWRIBIDANUR TOWN P.S. AND ORDER OF REMAND DATED 01.03.2025 PASSED ON THE FILE OF HON'BLE PRL. SENIOR CIVIL JUDGE AND J.M.F.C GOWRIBIDANUR AS PER ANNEXURE- B AND C CONSEQUENTLY RELEASE HIM FROM JUDICIAL CUSTODY FORTHWITH WITH A DIRECTION TO RESPONDENT NO.2 TO RELEASE HIM FORM JUDICIAL CUSTODY. 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 Cr.No.30/2025 for the offences punishable under Section 309(4) BNS, 2023 is before this Court seeking relief. 2. Petitioner's contention is that without serving the grounds of arrest, the petitioner has been arrested and - 3 - NC: 2025:KHC:13175 CRL.P No. 4318 of 2025 the same is in violation of article 22(1) of the Constitution of India. 3. Learned High Court Government Pleader placed on record the information of arrest. However, has not placed the grounds of arrest served to the petitioner at the time of arrest, which clearly implies that the grounds of arrest was not served to the petitioner at the time of arrest, and the same is in violation of Article 22(1) of the Constitution of India. 4. The Hon'ble Apex Court in the case of Vihan Kumar (supra), following the earlier decision, has held that the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. Article 22 is included in Part III of the Constitution of India under the heading of fundamental rights. Thus, it is the fundamental right of every person 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 guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty. The reason is that, as provided in Article 21, no - 4 - NC: 2025:KHC:13175 CRL.P No. 4318 of 2025 person can be deprived of his liberty, except in accordance with the procedure established by law. 5. In view of the above, petitioner is entitled for relief. Accordingly, petition is allowed in part. ORDER i. The criminal petition is allowed in part. ii. Respondent No.2 is hereby directed to release the petitioner forthwith in Cr.No.30/2025 registered by Gowribidanur Town Police Station subject to following conditions: a) The petitioner/accused No.11 shall furnish indemnity bond for a sum of Rs.1 lakh with one 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. f) 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. - 5 - NC: 2025:KHC:13175 CRL.P No. 4318 of 2025 g) 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 BH List No.: 1 Sl No.: 39