- 1 - NC: 2025:KHC:16575 CRL.P No. 5310 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5310 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. PETER IKEDI BELONWU S/O LATE BELONWU AGED ABOUT 38 YEARS, R/AT ROOM NO.1, 2ND FLOOR, SITE NO.02, K NO.544, SULIKUNTE VILLAGE, GOVINDAREDDY LAYOUT, SAIMEADOW, PHASE-2, SWAMI VIVEKNANDANAGAR, DOMMASANDRA, BANGALORE - 562 125 PERMANENT ADDRESS: NATIVE ADDRESS: AVENUE BY NSUKA COLLEGE VILLAGE, AZIKUWE, 402, ENUGU STATE, NIGERIA-105 102. …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE) AND: 1. STATE BY KARNATAKA BY STATION HOUSE OFFICER, MANGALORE EAST POLICE STATION MANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. RAMA POOJARY AGED ABOUT 55 YEARS FATHER NAME NOT KNOWN TO PETITIONER Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16575 CRL.P No. 5310 of 2025 ASI, CITY CRIME BRANCH D.K. DISTRICT - 575 001. …RESPONDENTS (BY SRI. LAKSHMAN B., HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE REMAND ORDER DATED 07.10.2024 IN CRIME NO.159/2024 OF MANGALORE EAST POLICE STATION, MANGALORE PASSED BY THE COURT OF PRINCIPAL DISTRICT COURT, MANGALURU AND CONSEQUENTLY RELEASE THE PETITIONER FROM JUDICIAL CUSTODY FORTHWITH 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 was arrested on 6.10.2024 in Crime No.159/2024 of the offences punishable under Sections 8(c), 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court. 2. The petitioner's primary contention is that the arrest stands vitiated for non-compliance of Section 52 of BNSS, 2023 and Article 22(1) of the Constitution of India. 3. The learned High Court Government Pleader for the respondent - State has placed on record the intimation of grounds of arrest to the accused, and right of bail under Section 47 of BNSS, 2023. 4. Perusal of the order sheet dated 7.10.2024 indicated that accused No.2 was produced before the Trial Court by PSI along - 3 - NC: 2025:KHC:16575 CRL.P No. 5310 of 2025 with remand application, arrest memo, OPD chit. However, there is no indication that grounds of arrest was also produced. The signature found on arrest memo, and the signature found on the grounds of arrest vary, and it appears that the grounds of arrest have been created only to overcome the non-compliance of Section 52 and Article 22(1) of the Constitution of India. 5. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The State of Haryana & Anr., 2025 INSC 162 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 petitioner has established a prima facie case to release him from the judicial custody forthwith. 7. Accordingly, this petition is allowed. - 4 - NC: 2025:KHC:16575 CRL.P No. 5310 of 2025 8. The Superintendent District Prison, Mangaluru, is hereby directed to release the petitioner (accused No.1) forthwith in Crime No.159/2024, registered by the Mangalore East Police Station, Mangaluru for the offences punishable under Sections 8(c), 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 subject to the following conditions: i) The petitioner-accused shall cash surety of Rs.1,00,000/- 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.: 2