- 1 - NC: 2025:KHC:13751 CRL.P No. 4787 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4787 OF 2025 BETWEEN: 1. IRFAN PASHA T M S/O IMRAN PASHA, AGED ABOUT 31 YEARS, R/AT NO.62, 2ND CROSS, NEAR JAMIA MASJID, BOOPASANDRA, BANGALORE NORTH, RMV EXTENSION, 2ND STAGE, BANGALORE-560094. (NOW IN JUDICIAL CUSTODY DISTRICT PRISON, CHIKKABALLAPURA). …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. KARIAPPA N.A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOWRIBIDANUR TOWN POLICE STATION, CHIKKABALLAPURA-561 208. 2. CHIEF SUPERINTENDENT DISTRICT-PRISON CHIKKABALLAPURA - 561 208. (BOTH ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560001). 3. SRINIVAS S/O KRISHNAPPA AGED ABOUT 42 YEARS R/AT BASAVESHWARANAGAR NEAR, ANNAPORNESHWARI TEMPLE, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13751 CRL.P No. 4787 of 2025 GOWRIBIDANURU, CHIKKABALLAPURA-561208. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1 & R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ARREST OF PETITIONER ON 01.03.2025 AT 2:00 A.M IN CRIME NO.30/2025 OF GOWRIBIDANUR TOWN POLICE STATION, AND ORDER OF REMAND DATED 01.03.2025 PASSED ON THE FILE OF HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, GOWRIBIDANUR AS PER ANNEXURE B AND C CONSEQUENTLY RELEASE HIM FROM JUDICIAL CUSTODY FORTHWITH WITH A DIRECTION TO RESPONDENT NO.2 TO RELEASE HIM FROM JUDICIAL CUSTODY 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 Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. 2. The petitioner-accused No.9, who is arrested in Cr.No.30/2025 for the offences punishable under Section 309(4) BNS, 2023 is before this Court seeking relief. 3. Petitioner's contention is that without serving the grounds of arrest, the petitioner has been arrested and the same is in violation of article 22(1) of the Constitution of India. 4. 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 - 3 - NC: 2025:KHC:13751 CRL.P No. 4787 of 2025 to the petitioner at the time of arrest, and the same is in violation of Article 22(1) of the Constitution of India. 5. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- State of Haryana & anr. - in 2025 INSC 162, 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 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. The reason is that, as provided in Article 21, no person can be deprived of his liberty except in accordance with the procedure established by law. 6. In view of the above, petitioner is entitled for relief. Accordingly, the 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-accused No.9 forthwith in Cr.No.30/2025 registered - 4 - NC: 2025:KHC:13751 CRL.P No. 4787 of 2025 by Gowribidanur Town Police Station subject to the following conditions: a) The petitioner/accused No.9 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. g) 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.: 12