- 1 - HC-KAR NC: 2025:KHC:18857 CRL.P No. 5718 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.5718 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: VARUN D.V. S/O LATE VASU D.M., AGED ABOUT 38 YEARS, DAMMANINGALA VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 116 …PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SHRAVANABELAGOLA POLICE STATION, HASSAN DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 01 2. KAMALAMMA, W/O LATE NANJEGOWDA, DAMMANINGALA VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573 116 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; R2 – SERVICE OF NOTICE DISPENSED WITH VIDE ORDER DATED 04.06.2025) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE IMPUGNED REMAND ORDER DATED 09.07.2024 PASSED BY THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18857 CRL.P No. 5718 of 2025 SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, IN CR.NO.98/2024 BY SHRAVANABELAGOLA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 103, 54 OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “Wherefore, the petitioner in the above petition most humbly prays that this Hon’ble Court may be pleased to allow this petition and set aside the impugned remand order dated 09.07.2024 passed by the Senior Civil Judge & JMFC, Channarayapatna in Crime No.98/2024 for the offences punishable under Sections 103, 54 of BNS 2023 by Shravanabelagola Police Station in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the material on record in order to point out that the requisite grounds of arrest as - 3 - HC-KAR NC: 2025:KHC:18857 CRL.P No. 5718 of 2025 mandated under Sections 47 and 48 of BNSS have not been issued either to the petitioner or to his relatives and in the light of the judgment of a Co-ordinate Bench of this Court, in the case of Sujith Kumar Vs. The State of Karnataka and another – W.P.No.8630/2025 dated 25.03.2025 which has followed the decisions of this Court in Noufal M K Vs. State of Karnataka and another – W.P.No.6778/2025 and also the decisions of the Hon’ble Apex Court in the cases of Pankaj Bansal Vs. Union of India – (2024) 7 SCC 576, Prabir Purkayastha Vs. State (NCT of Delhi) – (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana – 2025 INSC 162, remand of the petitioner to the judicial custody be quashed and concerned respondents be directed to release the petitioner on bail. 4. Per contra, learned HCGP submits that at the time of arrest of the petitioner on 08.07.2024 at about 05.30 A.M., only arrest intimation was served and grounds of arrest were not furnished to the petitioner or to his relatives as required in law and necessary order may be passed in the instant case. 5. In Sujith Kumar’s case (supra), a Co-ordinate Bench of this Court has held as under: - 4 - HC-KAR NC: 2025:KHC:18857 CRL.P No. 5718 of 2025 “A case is registered in Crime No.28/2025 by the Chintamani Town Police Station, Chikkabalalpuara District for the offence punishable under Sections 137(2), 64 of BNS, 2023 and Sections 6, 8, and 12 of POCSO Act, 2012. 2. Heard the learned counsel for the parties. 3. A perusal of the grounds of arrest allegedly served on the petitioners discloses that except reproducing the averments in the complaint, there are no grounds stated for arresting the petitioner. Moreover, the grounds of arrest was not communicated to the relatives of the accused as stated under Section 48 of BNSS, 2023. The grounds of arrest discloses that the notice of arrest is not in conformity with Section 47 of BNSS, 2023, and also Article 22(1) of the Constitution of India. 4. A Co-ordinate Bench of this Court in the case of Noufal M K -vs- State of Karnataka and anr. in WP No.6778/2025 following the decisions of the Apex Court in the cases of Pankaj Bansal -vs- Union of India-(2024) 7 SCC 576, and Prabir Purkayastha -vs- State (NCT of Delhi)- (2024) 8 SCC 254, and Vihaan Kumar -vs-State of Haryana- 2025 INSC 162, released the petitioner therein, stating that arrest stands vitiated for non-disclosure of the grounds of arrest. 5. Therefore the arrest of the petitioner stands vitiated for non-compliance of Article 22(1) of Constitution of India and Section 35(5) of BNSS, 2023. The grounds of arrest is not inconformity with Section 47 of BNSS, 2023. - 5 - HC-KAR NC: 2025:KHC:18857 CRL.P No. 5718 of 2025 6. Accordingly, the petition is allowed. The respondent No.1 to release the petitioner forthwith in Crime No.28/2025 registered by the Chintamani Town P.S, Chikkaballapura District subject to following conditions: a) The petitioner/accused shall furnish indemnity bond for a sum of Rs.One lakh with one local 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. 7. The Chikballapura sub-Jail, Chikkaballapur District, is hereby directed to release the petitioner forthwith in Crime No.28/2025 registered by the Chintamani Police Station without any delay, and immediately upon a receipt of copy of this order, if they are not required for any other cases, if any. 8. The Registry is directed to communicate this order to the Jail Authorities forthwith without any delay through e-mail and telephonically. Hand delivery ordered.” 6. As stated earlier, in the instant case, grounds of arrest have not been furnished to the petitioner or to his relatives and hence, he deserves to be released by imposing certain conditions. - 6 - HC-KAR NC: 2025:KHC:18857 CRL.P No. 5718 of 2025 7. Accordingly, the petition is hereby allowed. The respondent No.1 are hereby directed to release the petitioner forthwith in Crime No.98/2024 registered by respondent No.1- Police, pending on the file of the Senior Civil Judge & JMFC, Channarayapatna for offences punishable under Sections 103 and 54 of BNS, 2023, subject to the following conditions: i. The petitioner – accused shall furnish indemnity bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the likesum to the satisfaction of the jurisdictional Court. ii. The petitioner shall appear before the Investigating Officer as and when required. iii. The petitioner shall not threaten or allure the prosecution witnesses in whatsoever manner. iv. The petitioner shall not get involved in similar offences. v. The petitioner shall not leave the territorial limits of the police station without prior permission of the Investigating Officer. - 7 - HC-KAR NC: 2025:KHC:18857 CRL.P No. 5718 of 2025 8. The concerned Jail Authorities are hereby directed to release the petitioner forthwith, in Crime No.98/2024 registered by respondent No.1-Police, pending on the file of the Senior Civil Judge & JMFC, Channarayapatna, without any delay and immediately upon receipt of a copy of this order. 9. The Registry is directed to communicate this order to the concerned Jail Authorities forthwith without any delay through e-mail and telephonically. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 4