- 1 - NC: 2025:KHC:15446 CRL.P No. 5212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5212 OF 2025 BETWEEN: 1. KIRAN DAS P U, S/O UDAY DAS, AGED ABOUT 32 YEARS, R/O ANJALY HOUSE, PARAVOOR VILLAGE, VADACKAL POST, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT, KERALA STATE - 690 506. 2. SAFVAN P, S/O SAIDALAVI P, AGED ABOUT 33 YEARS, R/O PARRAMMAL HOUSE, KERALA VILLAGE, KARUVARAKUNDU PANCHAYATH, KUTTATI POST, NILAMBUR TALUK, MALAPPURAM DISTRICT, KERALA STATE - 690 508. 3. DEEPAK K.P S/O SAHADEVAN P, AGED ABOUT 32 YEARS, R/O 16TH PAPPINSSERI VILLAGE AND POST, KANNUR TALUK, KANNUR DISTRICT, KERALA STATE - 680 664. 4. ARUN J @ UMMAR S/O JYOTHIRMAYAN S, AGED ABOUT 31 YEARS, R/O JYOTHIS HOUSE, MUTHUKULAM VILLAGE AND POST, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, KERALA STATE - 690 506. …PETITIONERS (BY SRI. KARIAPPA N.A, ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15446 CRL.P No. 5212 of 2025 AND: 1. STATE OF KARNATAKA BY KORA POLICE STATION, TUMAKURU DISTRICT - 572 101. 2. SUPERINTENDENT DISTRICT PRISON, TUMKURU - 572 101. (BOTH R1 AND R2 ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001) 3. MR. ANIL MAHADEV PATIL S/O MAHADEV PATIL, AGED 47 YEARS, R/AT NEAR GUGAI, MARIYAMAN TEMPLE, SALEM TOWN, TAMIL NADU - 636 001. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO a) TO QUASH THE ARREST OF PETITIONER EFFECTED ON 19.10.2024 AND 24.10.2024 IN CRIME NO.113/2024 OF KORA POLICE STATION OF TUMAKURU DISTRICT AS ILLEGAL AND CONSEQUENTLY RELEASE THEM FORTHWITH FROM ILLEGAL CUSTODY OF DISTRICT PRISON TUMKUR WITH A DIRECTION TO R2. 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/accused Nos. 4, 12, 13, and 16, who are facing trial in C.C. No. 234/2025 on the file of the Hon’ble VI Additional Civil Judge and JMFC, Tumakuru, for the offences punishable under Sections 310(2), 61(2)(a), - 3 - NC: 2025:KHC:15446 CRL.P No. 5212 of 2025 346, and 137(2) of the Bharatiya Nyaya Sanhita, 2023, are before this Court seeking relief. 2. The primary contention of the petitioners is that they were not served with the written grounds of arrest at the time of their apprehension, which is in violation of the mandatory constitutional safeguard enshrined under Article 22(1) of the Constitution of India. 3. It is submitted that similarly placed co-accused had previously approached this Court in Crl.P. No. 2063/2025 seeking identical relief, and the Coordinate Bench of this Court, by order dated 17.02.2025, directed the jail authorities to release the said accused forthwith, as the grounds of arrest had not been served at the time of arrest. 4. Admittedly, the petitioners herein were also not served with the grounds of arrest. As such, their arrest stands vitiated for violation of Article 22(1) of the Constitution of India, in view of the judgment of the Hon’ble Apex Court in Vihaan Kumar v. State of Haryana & Another, 2025 INSC 162. Therefore, to maintain parity with the co- accused, the petitioners are also entitled to be released from judicial custody forthwith. - 4 - NC: 2025:KHC:15446 CRL.P No. 5212 of 2025 ORDER i. Accordingly, petition is allowed. ii. The respondent No.2 is hereby directed to release the petitioners forthwith from the judicial custody subject to following condition: a. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; b. The petitioners shall not involve in similar offences in future; c. The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the trial Court within a period of two weeks from today. d. Registry is directed to communicate this order to the respondents - Jail authorities forthwith without any delay both electronically and telephonically. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 16 CT: BHK