- 1 - NC: 2025:KHC:15764 WP No. 9448 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9448 OF 2025 (GM-RES) BETWEEN: 1. ANJIANEYAPPA S/O MADDHI REDDY AGED ABOUT 23 YEARS, RESIDING AT SEEGALAPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561 212. …PETITIONER (BY SRI. GIREESHA J.T., ADVOCATE) AND: 1. STATE BY CHIKKABALLAPURA WOMEN POLICE STATION, BANGALORE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SMT. VENKATAREDDY S/O DODDANARAYANSWAMY, AGED ABOUT 43 YEARS R/AT AVALAGURKI, VILLAGE CHIKKABALLAPURE TALUK, CHIKKABALLAPURA DISTRICT-562 101. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; V/O DATED 4.4.2025, NOTICE TO R2 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO QUASHING FIR IN CRIME NO. 130/2024, VIDE ANNEXURE-A. REGISTERED BY THE CHIKKABALLAPURA WOMEN POLICE STATION, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15764 WP No. 9448 of 2025 CHIKKABALLAPURA DISTRICT, ON THE FILE OF FAST TRACK SPECIAL COURT -I (POCSOA) HON'BLE ADDITIONAL SESSIONS JUDGE AT CHIKKABALLAPURA 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 learned High Court Government Pleader accepts notice for respondent No.1-State. The petitioner who was arrested on 2.11.2024 in Crime No.130/2024 registered for the offence punishable under Section 64(2), (M), 65(1), 127(2), 137(2) of the Bharatiya Nyaya Sanhita (BNS) 2023 r/w Section 4(2), 5(L), 6, 8, and 12 of Protection of Children from Sexual Offences Act, 2012, is before this Court seeking relief. 2. Learned counsel for the petitioner submitted that the grounds of arrest were not disclosed and served on the petitioner at the time of the arrest and therefore the same stands vitiated for non-compliance provision of Article 22(1) of Constitution of India and also is in violation of section 50 of BNS 2023. In support, reliance is placed on the decision of the Apex Court in the case of Vihaan Kumar -vs- The State of Haryana & Anr. - in 2025 INSC 162. 3. In response, the learned High Court Government Pleader, for the respondent-State has placed on record the - 3 - NC: 2025:KHC:15764 WP No. 9448 of 2025 intimation of arrest memo which is alleged to have been served on the petitioner after the petitioner was arrested. 4. Perusal of the intimation memo indicated that instead of disclosing the grounds of arrest, the averments made in the complaint are set out in the arrest memo. Therefore, it is implied that the grounds of arrest were not disclosed and served on the petitioner at the time of the arrest, and therefore, the same is in violation of Section 50 of BNS 2023 and Article 22(1) of the Constitution of India. 5. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The state of Haryana & Anr. - in 2025 INSC 162, has reiterated 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 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, if 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, 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. - 4 - NC: 2025:KHC:15764 WP No. 9448 of 2025 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 1st respondent, and The Chief Superintendent of District Prison, Sub-Jail, Chikkaballapura, is hereby directed to release the petitioner-accused No.1 from judicial custody forthwith in Spl. C.No.007/2025 on the file of the Addl. District and Sessions Judge, FTSC-1 Chikkaballapur,a arising out of Crime No.130/2024, registered by the Chikkaballapura Women Police Station, for the offences punishable under Sections 64(2), (M), 65(1), 127(2), 137(2) r/w Section 4(2), 5(L), 6, 8, and 12 of Protection of Children from Sexual Offences Act, 2012, subject to the following conditions: i) The petitioner-accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one local 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 Trial Court as and when required; iv) The petitioner shall not involve in similar offences in the future; - 5 - NC: 2025:KHC:15764 WP No. 9448 of 2025 v) The petitioner shall not leave the territorial limits without prior permission of the Jurisdictional Court. 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. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 82