- 1 - NC: 2025:KHC:17546 CRL.P No. 5706 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5706 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: APSAR PASHA, S/O. LATE ABDUL RAZAK, AGED ABOUT 40 YEARS, R/AT SY.NO.17, 11TH CROSS, MARUTHINAGAR, SONNENAHALLI, BANGALORE - 560 056. …PETITIONER (BY SRI. SYED MUZAKKIR AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA BY JNANABHARATHI POLICE, BANGALORE - 560 056. 2. CHIEF SUPERINTENDENT OF POLICE, CENTRAL PRISON, PARAPPANA AGRAHARA, ELECTRONIC CITY POST, BANGALORE - 560 100. (RESPONDENT NO.1 AND 2 ARE REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. BANGALORE- 560 001). Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17546 CRL.P No. 5706 of 2025 3. SRI. MOHAMMED RAFIQ, S/O. SHEIK AHMED, AGED ABOUT 39 YEARS, R/AT NO.31, SY.NO.16, 12TH CROSS, MARUTHINAGAR, JNANABHARATHI, BANGALORE - 560 056. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ARREST DATED 26.11.2024 AND THE ORDER OF REMAND DATED 27.11.2024 PASSED IN CR.NO.476/2024 OF JNANABHARATHI P.S., BENGALURU WHICH IS PENDING IN SPL.C.C.NO.106/2025 ON THE FILE OF HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE FTSC-V AT BENGALURU FOR THE OFFENCE P/U/S 64(2)(m),64(1) OF BNS AND SEC.5(6),6 OF POCSO ACT 2012 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS BY DIRECTING THE RESPONDENT NO.3 TO RELEASE THE PETITIONER 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 was arrested on 26.11.2024 in Crime No.476/2024 for the offences punishable under Sections - 3 - NC: 2025:KHC:17546 CRL.P No. 5706 of 2025 64(2)(m), 64(1) of BNS and Sections 5(L) and 6 of Protection of Children from Sexual Offences Act, 2012 is before this Court seeking relief. 2. Petitioner's primary contention is that, at the time of arrest, the petitioner was not served with the grounds of arrest which is in violation of Section 47 of BNSS 2023 and Article 22(1) of the Constitution of India. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. 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 - 4 - NC: 2025:KHC:17546 CRL.P No. 5706 of 2025 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 non-compliance of Section 47 of BNSS 2023, and 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 respondent No.1 and the Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner forthwith from judicial custody in Spl.C.C.NO.106/2025, on the file of the learned Additional City Civil and Sessions Judge, FTSC-V, Bengaluru, arising out of Crime No.476/2024 - 5 - NC: 2025:KHC:17546 CRL.P No. 5706 of 2025 registered by the Jnanabharathi Police Station, subject to the following conditions: i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum of which, one will be the Local Surety 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; vi) The petitioner shall not leave the territorial limits without prior permission of the Trial Court; v) The petitioner shall not involve in similar offences in the future; 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; - 6 - NC: 2025:KHC:17546 CRL.P No. 5706 of 2025 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 HR List No.: 2 Sl No.: 11