- 1 - NC: 2025:KHC:15689 CRL.P No. 5371 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. 5371 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. BASHEER AHMED @ SHERU S/O SHABEER AHMED, AGED ABOUT 40 YEARS, R/AT NO.98, BHOOPASANDRA, BANGALORE NORTH, RMV EXTENSION, 2ND STAGE, BANGALORE-94. …PETITIONER (BY SRI. RONALD D'SA, ADVOCATE) AND: 1. STATE BY GOWRIBIDANUR TOWN PS, CHIKKABALLAPURA DISTRICT. 2. CHIEF SUPERINTENDENT DISTRICT-PRISON CHIKKABALLAPURA-561 208. (BOTH ARE REP. BY STATE PUBLIC PROSECUTOR), OFFICE AT ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPP VIDHANA SOUDHA, BANGALORE - 560001. 3. SRINIVAS S/O KRISHNAPPA AGED ABOUT 42 YEARS R/AT BASAVESHWARANAGAR NEAR, ANNAPORNESHWARI TEMPLE, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15689 CRL.P No. 5371 of 2025 GOWRIBIDANUR TOWN CHICKKABALLAPURA -561 208. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 & R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ARREST OF PETITIONER WHICH WAS EFFECTED BY THE RESPONDENT NO.1 POLICE ON 01.03.2025 AT 1:15 A.M IN CRIME NO.30/2025 OF GOWRIBIDANUR TOWN P.S. AND ORDER OF REMAND DATED 01.03.2025 AND SUBSEQUENT REMANDS PASSED BY THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C GOWRIBIDANUR AS PER ANNEXURE AND CONSEQUENTLY RELEASE HIM FROM JUDICIAL CUSTODY FORTHWITH A DIRECTION TO RESPONDENT NO.2 TO RELEASE HIM FROM JUDICIAL CUSTODY 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 learned High Court Government Pleader accepts notice for the respondent No.1-State. 2. petitioner, who is arrested in Cr.No.30/2025 for the offences punishable under Section 309(4) BNS, 2023 is before this Court seeking relief. 3. Petitioner's contention is that without serving the grounds of arrest, the petitioner has been arrested and the same is in violation of Article 22(1) of the Constitution of India. 4. Learned High Court Government Pleader placed on record the information of arrest. However, has not placed the - 3 - NC: 2025:KHC:15689 CRL.P No. 5371 of 2025 grounds of arrest served to the petitioner at the time of arrest, which clearly implies that the grounds of arrest was not served to the petitioner at the time of arrest, and the same is in violation of Article 22(1) of the Constitution of India. 5. The Hon'ble Apex Court in the case of Vihan Kumar (supra), following the earlier decision, has held that the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. Article 22 is included in Part III of the Constitution of India under the heading of fundamental rights. Thus, it is the fundamental right of every person 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 guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty. The reason is that, as provided in Article 21, no person can be deprived of his liberty, except in accordance with the procedure established by law. 6. In view of the above, petitioner is entitled for relief. Accordingly, petition is allowed in part. ORDER i. The criminal petition is allowed in part. - 4 - NC: 2025:KHC:15689 CRL.P No. 5371 of 2025 ii. Respondent No.2 is hereby directed to release the petitioner forthwith in Cr.No.30/2025 registered by Gowribidanur Town Police Station subject to following conditions: a) The petitioner/accused No.8 shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall appear before the Investigating Officer as and when required. c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. d) He shall not get involved in similar offences. e) He shall not leave the territorial limits of the police station without prior permission of the Investigating Officer. f) 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. g) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR/List No.: 4 Sl No.: 8