- 1 - NC: 2025:KHC:14378 WP No. 9456 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9456 OF 2025 (GM-RES) BETWEEN: MR. TANVEER S R S/O LATE ABDUL REHMAN. AGED ABOUT 47 YEARS. ASSISTANT COMMISSIONER OF POLICE (ACP), CEN POLICE STATION, NORTH EAST DIVISION, RESIDING AT NO.B.A-59, PWD QUARTERS, KHB COLONY MAIN ROAD, R.T. NAGAR POST, BENGALURU - 560 032. …PETITIONER (BY SRI. BASAVARAJU S., SENIOR ADVOCATE FOR SRI. KANISHK RAVINDRAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE POLICE INSPECTOR KARNATAKA LOKAYUKTA, BENGALURU CITY DIVISION, BENGALURU - 560 001. 2. MR. MANUSUDHAN B, S/O SHIVANNA B.A AGED ABOUT 43 YEARS, R/A A-304, SHRIRAM SHAANA APARTMENT, DODDABALAPUR MAIN ROAD, AVALAHALLI, YELAHANKA - 560 064. …RESPONDENTS (BY SRI. VENKATESH ARABATTI, ADVOCATE FOR R1) Digitally signed by K G RENUKAMBA Location: High Court Of Karnatka - 2 - NC: 2025:KHC:14378 WP No. 9456 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ORDER OR DIRECTION QUASH THE REGISTRATION OF FIR IN CRIME NO.16/2025 REGISTERED BY THE R1 KARNATAKA LOKAYUKTA POLICE, BENGALURU CITY DIVISION, AS AGAINST THE PETITIONER SECTION 7(A) OF THE PREVENTION OF CORRUPTION ACT, 1988 PENDING ON THE FILE OF THE 45TH ADDL. CMM COURT FURNISHED HEREWITH AS ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. This Court, vide order dated 28.03.2025, had directed the release of the petitioner forthwith on the ground that the grounds of arrest had not been served upon the petitioner in accordance with law. 2. Sri Basavaraju S., learned senior counsel appearing for the petitioner, however, submits that no such submission was made during the course of hearing. He further contends that the mandatory notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, was not issued to the petitioner prior to his arrest, thereby vitiating the arrest procedure. 3. Per contra, Sri Venkatesh Arbatti, learned counsel appearing for the Lokayukta, has placed on record material to demonstrate that the grounds of arrest were duly served upon the petitioner at the time of arrest, as required under law. - 3 - NC: 2025:KHC:14378 WP No. 9456 of 2025 4. This court mistakenly recorded the submissions of learned senior counsel instead of recording that the notice u/s 35(2) of BNSS 2023 was not issued to the petitioners before arresting. 5. In view of the above submissions and the material placed on record, this petition stands disposed of with a direction to the Trial Court to consider the bail petition filed by the petitioner under Section 439 of the Code of Criminal Procedure, 1973, on its own merits, and pass appropriate orders in accordance with law, uninfluenced by the observations made in the order dated 28.03.2025 passed by this Court. 6. It is further directed that in the event the bail application filed by the petitioner is rejected, the petitioner shall forthwith surrender before the jurisdictional jail authorities without any further delay. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AKV List No.: 1 Sl No.: 34 CT:SK