- 1 - NC: 2025:KHC:17235 CRL.P No. 5580 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5580 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. RAMANJANEYA S/O. LATE. HANUMANTHAPPA, AGED ABOUT 51 YEARS, R/AT VIEWERS COLONY, KUDURU TOWN, MAGADI TALUK, RAMANAGARA DISTRICT - 561 101. …PETITIONER (BY SRI. TEJAS N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KUDURU POLICE, RAMANAGARA - 561 101. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01). 2. SUPERINTENDENT OF POLICE, DISTRICT PRISON, VIJAYANAGAR, HALLIMALA, RAMANAGARA - 562 159. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01). 3. SMT. GAYATHRI, W/O. NAGENDRA PRASAD, AGED ABOUT 42 YEARS, R/AT JANATHA NAGARA, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17235 CRL.P No. 5580 of 2025 OPP. TO PETROL BUNK, KUDURU TOWN, MAGADI TALUK, RAMANAGARA DISTRICT - 561 101. …RESPONDENTS (BY SRI. M.V.ANOOP KUMAR, HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO 1.SET ASIDE THE ARREST DATED:05.10.2023 AND REMAND ORDER DATED:06.10.2023 PASSED IN CR.NO.328/2023 OF KUDUR POLICE, RAMANAGARA WHICH IS PENDING IN SPL.C.NO.175/2023 ON THE FILE OF THE HON'BLE I ADDL.DISTRICT AND SESSIONS JUDGE, RAMANAGARA AS ILLEGAL AND CONSEQUENTLY RELEASE HIM FORM JUDICIAL CUSTODY FORTHWITH. 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, who was arrested on 05.10.2023 in Crime No. 328/2023 registered for offences punishable under Sections 376(2)(i)(n) and 506 of the Indian Penal Code, 1860 (for short “IPC”) and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”), has approached this Court seeking appropriate relief. 2. The principal contention raised by the petitioner is that the reasons and grounds for his arrest were not communicated to him at the time of arrest, which constitutes a violation of his fundamental rights guaranteed under Article 22(1) of the Constitution of India, as well as a contravention of the mandatory requirements prescribed under Sections 50 of the - 3 - NC: 2025:KHC:17235 CRL.P No. 5580 of 2025 Code of Criminal Procedure, 1973 (for short “Cr.P.C.”). 3. I have heard the learned counsel for the petitioner–accused and the learned High Court Government Pleader appearing for the respondent–State. 4. The learned High Court Government Pleader has produced documents along with the remand application filed before the jurisdictional Magistrate. However, there is no material on record to establish that the petitioner was informed of the grounds of arrest at the time of his arrest, as mandated by law. The issue raised in this petition is squarely covered by the decision of the Apex Court in the case of Vihan Kumar v State of Haryana and Another , wherein it has been held that non- communication of the grounds of arrest at the time of arrest vitiates the entire process of arrest and detention. 5. In view of the foregoing, it is evident that there has been a non-compliance with the mandatory procedural requirements stipulated under Article 22(1) of the Constitution of India and Sections 50 of the Cr.P.C. As a consequence, the arrest and continued detention of the petitioner stand vitiated. The petitioner, who has been in judicial custody since 05.10.2023, is entitled to be released forthwith, particularly in the absence of compliance with the fundamental and statutory safeguards accorded to an arrestee. It is further noted that the trial in the present case has not yet commenced as of today. - 4 - NC: 2025:KHC:17235 CRL.P No. 5580 of 2025 ORDER i) Criminal petition is allowed. ii) The Respondent No.2- Superintendent of Police, District Prison, Ramanagara is hereby directed to release the Petitioner forthwith from the judicial custody in Crime No.328/2023 for the offences punishable under sections 376(2)(i)(n) and 506 of the IPC and Section 4 and 6 of POCSO Act, pending on the file of the I Addl. District and Sessions Judge, Ramanagar, subject to the following conditions: i) The Petitioner shall furnish a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court ; ii) He shall not threaten the prosecution witnesses or lure in any manner; iii) He shall appear before the trial court as and when summoned. vi) He shall not involve in similar offences in similar offences. v) The Concerned jail authorities are hereby directed to release the petitioner forthwith without delay and immediately upon a receipt of copy of the order, if he is not required for any other cases, if any vi)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 SRK, List No.: 1 Sl No.: 7 CT:SK * Page No.4 is retyped and replaced vide chamber order dated 29.04.2025.