- 1 - NC: 2025:KHC:15328 CRL.P No. 5036 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5036 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MOUSIN KHURESHI S/O AJAJ AHMED AGED ABOUT 23 YEARS, R/AT 3RD CROSS, YELAKAPPANAKERI LAKSHKAR MOHALLA SHIVAMOGGA-577 201 (NOW IN JUDICIAL CUSTODY CENTRAL PRISON SHIVAMOGGA). …PETITIONER (BY SRI. HASMATH PASHA, SENIOR COUNCEL FOR SRI. KARIAPPA A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PAPER TOWN POLICE STATION, BHADRAVATHI TOWN, SHIVAMOGGA DISTRICT-577 201. 2. CHIEF SUPERINTENDENT CENTRAL PRISON SHIVAMOGGA-577 201. BOTH ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001. 3. SMT NAGAMMA K Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15328 CRL.P No. 5036 of 2025 POLICE INSPECTOR, PAPER TOWN POLICE STATION, BHADRAVATHI-577201. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ARREST OF PETITIONER ON 23.02.2025 AT 00-30HRS IN FIR CR.NO.12/2025 OF PAPER TOWN POLICE STATION, OF BHADRAVATHI TOWN, WHICH IS ON THE FILE OF HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AS ILLEGAL AND ABUSE OF PROCESS OF LAW 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 petitioner (accused No.1), who was arrested on 23.2.2025 in Crime No.12/2025 registered by the Paper Town Police Station, Bhadravathi, for the offences punishable under Sections 132, 121(1), 109(1), 61, 58(b), and Sections 3, 25(1B) of the Arms Act, 1959 is before this Court seeking relief. 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 has placed on record the notice of arrest and * Page Nos.2 to 4 are retyped and replaced vide chamber order dated 15.04.2025 - 3 - NC: 2025:KHC:15328 CRL.P No. 5036 of 2025 perusal of the same indicated that except disclosing the crime number, and the offences invoked against the petition, no grounds of arrest are reflected in the notice 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 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. 5. 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. 6. Accordingly, this petition is allowed. 7. The 2nd respondent, Superintendent of Central Prison, Shimogga, is hereby directed to release the petitioner-accused forthwith in Crime No.12/2025 registered by the Paper Town Police - 4 - NC: 2025:KHC:15328 CRL.P No. 5036 of 2025 Station, Bhadravathi, for the offences punishable under Sections 132, 121(1), 109(1), 61, 58(b), and Sections 3, 25(1B) of the Arms Act, 1959 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. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 4