- 1 - NC: 2025:KHC:15444 WP No. 10799 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 WRIT PETITION NO. 10799 OF 2025 (GM-RES) BETWEEN: SRI SHIVAPPA @ RATNAPURI S/O CHANNABASAPPA, AGED ABOUT 40 YEARS, R/AT NANJANAYAKANAHALLY VILLAGE, H D KOTE TALUK, MYSORE DISTRICT-571 114. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: 1. STATE OF KARNATAKA BY H D KOTE POLICE STATION, MYSORE DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-01. 2. PREMA W/O BASAVARAJU ALIAS BASAVANNA AGED ABOUT 43 YEARS R/AT NANJANAYAKANAHALLY VILLAGE, H D KOTE TALUK, MYSORE DISTRICT-571114. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15444 WP No. 10799 of 2025 OF BHARATIYA NAGARIK SURAKSHA SANHITA 2023 PRAYING TO QUASHING THE IMPUGNED REMAND ORDER DATED 31.03.2025 VIDE ANNEXURE-A IN CRIME NO.111/2025 PENDING ON THE FILE OF II ADDL CIVIL JUDGE AND JMFC COURT AT H.D. KOTE FOR THE OFFENCES PUNISHABLE U/S 189(2), 191(2), 329(4), 352, 109(1), 76, 118(1), 115(2), 54, 351(2) R/W 190 OF BNS ACT BY RESPONDENT NO.1 H.D KOTEPOLICE (ANNEXURE-A) IN THE INTEREST OF JUSTICE AND EQUITY. 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.2 who has been arrested in Crime No.111/2025 registered by the H.D. Kote Police Station for the offences punishable, 189(2), 191(2), 329(4), 109(1), 76, 118(1), 115(2), 54, 351(2) r/w 190 of BNS, 2023, is before this Court seeking relief. 2. The petitioner was arrested on 31.03.2025 in relation to the said crime and the petitioner’s primary contention is that he was arrested without being informed of the grounds of arrest, thereby rendering the arrest illegal and in violation of Article 22(1) of the Constitution of India. In support, the learned counsel for the petitioner relies on the decision of the Hon’ble Supreme Court in the case of Vihaan Kumar v. State of Haryana & another, reported in 2025 INSC 162. - 3 - NC: 2025:KHC:15444 WP No. 10799 of 2025 3. The learned High Court Government Pleader has placed on record the intimation memo and perusal of the same, indicates that the said intimation memo does not discloses the grounds of arrest. 4. The Hon’ble Apex Court in Vihaan Kumar (supra), following its earlier decision, held that the requirement to inform a person of the grounds of arrest is not a mere formality but a mandatory constitutional obligation. Article 22, which is part of Part III of the Constitution of India under the fundamental rights, guarantees that every person arrested and detained in custody must be informed of the grounds of arrest as soon as possible. Failure to do so would constitute a violation of the fundamental rights guaranteed under Article 22(1) and would effectively deprive the arrestee of his liberty, as no person may be deprived of liberty except in accordance with the procedure established by law under Article 21. 5. In the instant case, it is admitted that the petitioner was not served with the grounds of arrest at the time of his arrest. Therefore, his arrest stands vitiated and is in violation of Article 22(1) of the Constitution of India. 6. Accordingly, the petition is allowed. The Jail Superintendent of Prison, K.R. Nagar Sub-Jail, K.R. Nagar is hereby directed to release the petitioner-accused No.2 forthwith from judicial custody in Crime No.111/2025 registered by the H.D. Kote Police station, subject to the following conditions: - 4 - NC: 2025:KHC:15444 WP No. 10799 of 2025 i. The petitioner-accused shall execute a personal bond for a sum of ₹1,00,000 with one local surety, in a manner and for a bond sum satisfactory to the Investigating Officer, within two weeks from the date of his release; ii. The petitioner shall not directly or indirectly threaten or tamper with any prosecution witnesses; iii. The petitioner shall appear before the Investigating Officer as and when required; iv. The petitioner shall not engage in similar offences in the future; v. The concerned Jail Authorities are hereby directed to release the petitioner forthwith without any delay, and immediately upon receipt of a copy of this order, provided he is not required for any other proceedings; vi. The Registry is directed to communicate this order to the concerned Jail Authorities immediately, both via e-mail and telephonically. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 14