- 1 - NC: 2025:KHC:15118 CRL.P No. 5203 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. 5203 OF 2025 BETWEEN: 1. SRI MANOZ ZAGREE, S/O ITHE ZAGREE, AGED ABOUT 38 YEARS, R/AT 401, 28TH MAIN, 10TH CROSS, HSR LAYOUT, 1ST SECTOR, BENGALURU- 560 102. PERMANENT ADDRESS: GODAVARINAGAR, PALIKA 4, KAILALI DISTRICT, JOHNSHETI STATE, NEPAL. 2. SRI MANISH KHATRI, S/O DHAN KHATRI, AGED ABOUT 26 YEARS, R/AT NO. 103, NO. 7 K, NO. 8/2, DODDANAGAMANGALA, SILICON TOWN, ELECTRONIC CITY, 2ND PHASE, BENGALURU CITY. PERMANENT ADDRESS: NO.5, B-88, NIT-5, FARIDABAD, HARYANA STATE PIN - 121 001. …PETITIONERS (BY SRI SUYOG HERALE E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH COMMERCIAL STREET P.S., REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15118 CRL.P No. 5203 of 2025 2. AKTHAR PATEL, S/O NOT KNOWN TO PETITIONERS, AGED ABOUT 41 YEARS, PSI, COMMERCIAL STREET POLICE STATION, BANGALORE- 560 001. 3. CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BANGALORE- 560 068. …RESPONDENTS (BY SRI M.V ANOOP KUMAR, HCGP FOR R-1 & R-3) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE ARREST AND REMAND ORDER DATED 24.10.2024 PASSED BY THE LEARNED X ADDL.C.J.M BENGALURU CITY AND CONSEQUENTLY RELEASE HIM FORTHWITH FROM JUDICIAL CUSTODY WITH A DIRECTION TO 3RD RESPONDENT IN CR.NO.164/2024 REGISTERED BY COMMERCIAL STREET P.S (NOW PENDING ON THE FILE OF THE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE FOR NDPS CASES AT BENGALURU IN SPL.C.C.NO.707/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who were arrested in Crime No.164/2024 registered by the Commercial Street Police Station, Bengaluru, for the offence punishable under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 are before this Court. 2. The petitioners were arrested in connection with the said crime on 24-10-2024. 3. Petitioners' primary contention is that, the arrest is vitiated for violation of Article 22(1) of the Constitution of India, as - 3 - NC: 2025:KHC:15118 CRL.P No. 5203 of 2025 no grounds of arrest were served on the petitioners at the time of arrest. 3. The learned High Court Government Pleader for the respondent - State has placed on record the intimation of arrest. 4. A perusal of the same indicates that no grounds are disclosed for arresting the petitioners. 5. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The State of Haryana & Another, reported in (2025) 2 SCR 424 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. 6. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioners stand vitiated for violation of Article 22 (1) of the Constitution of India and in such circumstances, the petitioners are entitled to be released from judicial custody. - 4 - NC: 2025:KHC:15118 CRL.P No. 5203 of 2025 7. Accordingly, this petition is allowed. 8. The 3rd respondent- Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioners forthwith from judicial custody in Special CC No.707/2025, on the file of XXXIII Additional City Civil and Sessions Judge (NDPS Special Court) Bengaluru City, arising out of Crime No.164/2024 registered by the Commercial Street Police Station, subject to the following conditions: i) The petitioners-accused shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum of which, one will be the Local Surety to the satisfaction of the Trial Court within a period of two weeks from the date of his release; ii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioners shall appear before the Trial Court as and when summoned; vii) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. (viii) Liberty is reserved to the petitioners to file a petition afresh challenging the chargesheet. Sd/- (HEMANT CHANDANGOUDAR) JUDGE tsn*, List No.: 1 Sl No.: 10