- 1 - NC: 2025:KHC:17892 WP No. 11296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 11296 OF 2025 (GM-RES) BETWEEN: 1. MOHAMMED NAWAS @ NAWAS BABU S/O. LATE HAMSA, AGED ABOUT 57 YEARS, R/AT. KAKKOOTH PARAKKAL, KARIAVATTOM, MANNARMALA P.O., MALAPPURAM, KERALA 679 325. …PETITIONER (BY SRI. MUZAFFAR AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GONIKOPPA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. BHAVYA M R W/O HARISH AGED ABOUT 34 YEARS, R/AT. MANAGER MALABAR MULTISTAGE AGRO CO-OPERATIVE SOCIETY, BYPASS ROAD, RUDRABEEDU, MAYARNUDI VILLAGE KODAGU, KARNATAKA - 571 213. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 PRAYING TO QUASHING THE IMPUGNED ORDER DATED 06/11/2024 Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17892 WP No. 11296 of 2025 PASSED BY THE LEARNED CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, PONNAMPET, KODAGU, IN CRIME NO. 105/2024 CURRENTLY PENDING IN SPL. C. NO. 109/2024 ON THE FILE OF LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADIKERI, KODAGU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 120B, R/W 34 OF THE INDIAN PENAL CODE, 1860, AND SECTIONS 21, 22, 23 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019, REGISTERED BY THE RESPONDENT POLICE AT PULAKESHINAGAR POLICE STATION, AT BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner (accused No.3), who was arrested on 5.11.2024 in Crime No.105/2024 for the offences punishable under Sections 406, 420 read with Section 34 of IPC and Sections 21, 22, 23 of the Banning of Unregulated Deposit Schemes Act, 2019 is before this Court seeking relief. 2. The primary contention of the petitioner is that the grounds of arrest were not served at the time of arrest, and therefore, the same is in violation of Article 22(1) of Constitution of India, and Section 47 of BNSS, 2023. 3. The learned High Court Government Pleader for the respondent No.1 on instructions submitted that grounds of arrest were not served on the petitioner. The said submission is placed on record. - 3 - NC: 2025:KHC:17892 WP No. 11296 of 2025 4. 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. 5. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner stands vitiated for violation of Article 22 (1) of the Constitution of India and in such circumstances, the petitioner is entitled to be released from judicial custody. 6. Accordingly, the petition is allowed. 7. The District Prison, Madikeri, is hereby directed to release the petitioner forthwith from judicial custody, if he is not required any other case in Special C No.109/2024, on the file of the learned Principal District and Sessions Judge, - 4 - NC: 2025:KHC:17892 WP No. 11296 of 2025 Kodagu, Madikeri District arising out of Crime No.105/2024 registered by the Gonikoppa Police Station, subject to the following conditions: i) The petitioner 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 Trial Court as and when summoned; 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 Trial Court. iv) 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.: 1