- 1 - NC: 2025:KHC:17607 WP No. 11647 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 WRIT PETITION NO. 11647 OF 2025 (GM-RES) BETWEEN: 1. SRI MOHAMMED SHAHID S/O. HASSAN ARIF AHAMAD, AGED ABOUT 27 YEARS, R/AT. 2ND MAIN, 4TH CROSS, INDIRA NAGAR, BHADRAVATHI, KARNATAKA - 577 301. 2. SRI. MOHAMMED SHOAIB S/O. ABDUL AZEEZ, AGED ABOUT 27 YEARS, R/AT. ZEENATH MANZIL, 3RD CROSS, SIDDARUDANAGAR, NEAR BASAVESHWARA SABHA BHAVANA, OLD TOWN, BHADRAVATHI TOWN, KARNATAKA - 577 301. …PETITIONERS (BY SRI. MUZAFFAR AHMED, ADVOCATE) AND: STATE OF KARNATAKA BY PAPER TOWN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. M.V. ANOOP KUMAR , HCGP FOR R1) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17607 WP No. 11647 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA 2023 PRAYING TO QUASH THE IMPUGNED ORDER DATED 23/02/2025 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC., AT BHADRAVATHI, VIDE ANNEXURE-C IN CRIME NO. 12/2025 AND IN COURT CR. NO. 182/2025 PENDING ON THE FILE OF LEARNED PRL. CIVIL JUDGE AND JMFC., AT BHADRAVATHI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 132, 121(1), 109(1), 61, AND 58(b) OF THE BHARATIYA NYAYA SANHITA, 2023, AS WELL AS SECTIONS 3 AND 25 1B OF THE ARMS ACT, 1959, REGISTERED BY THE RESPONDENT POLICE AT PAPER TOWN POLICE STATION, 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 petitioners accused Nos.2 and 7 who were arrested on 22.02.2025 in Crime No.12/2025 registered by the Paper Town Police Station, Bhadravathi, and in CR.No.182/2025 on the file of the learned Principal Civil Judge and JMFC at Bhadravathi, for the offence punishable under Sections 132, - 3 - NC: 2025:KHC:17607 WP No. 11647 of 2025 121(1), 109(1), 61, and 58(b) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 25(1B) of the Arms Act, 1959 are before this Court seeking relief. 2. Petitioners' primary contention is that, the arrest is vitiated for violation of Article 22(1) of the Constitution of India and for non-compliance of Section 47(1) of BNSS, 2023, as grounds of arrest were not served on the petitioners at the time of arrest. 3. Heard the learned counsel for the petitioners and 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 - 4 - NC: 2025:KHC:17607 WP No. 11647 of 2025 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. 5. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioners stands vitiated for violation of Article 22 (1) of the Constitution of India and Section 47(1) of BNSS Act, and in such circumstances, the petitioners are entitled to be released from judicial custody. 6. Accordingly, this petition is allowed. 7. The Jail Superintendent of District Prison, Chikkamagaluru District, is hereby directed to release the petitioners herein forthwith from judicial custody in Cr.No.182/2025 registered by the Paper Town Police Station, Bhadravathi, on the file of the learned Prl.Civil Judge & JMFC at - 5 - NC: 2025:KHC:17607 WP No. 11647 of 2025 Bhadravathi, if they are not required in any other cases, subject to the following conditions: i) The petitioners-accused Nos.2 & 7 shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties each 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 their release; ii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioners shall appear before the Investigating Officer as and when summoned; iv) The concerned Jail Authorities are hereby directed to release the petitioners forthwith without any delay and immediately upon a receipt of copy of this order if they are not required for any other cases, if any; - 6 - NC: 2025:KHC:17607 WP No. 11647 of 2025 v) The petitioners shall not leave the territorial limits without prior permission of the Investigating Officer; vi) The petitioners shall not involve in similar offences in the future; 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.: 5