- 1 - NC: 2025:KHC:16013 CRL.P No. 5703 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5703 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI GOPALA REDDY S/O SHIVA REDDY AGED ABOUT 42 YEARS, R/AT NO.1-2, MOHAN RAO COLONY KADRI ROAD, GORANTLA SATHYASAI DISTRICT ANDHRA PRADESH-515231 …PETITIONER (BY SRI. SUYOG HERALE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH CHIKKAJALA P S REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001 2. SMT SOWMYA N W/O NOT KNOWN TO PETITIONER AGED ABOUT 43 YEARS POLICE OFFICER CCB POLICE STATION SHANTHINAGARA BANGALORE PIN-560027 3. CHIEF SUPERINTENDENT CENTRAL PRISON Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16013 CRL.P No. 5703 of 2025 PARAPPANA AGRAHARA BANGALORE PIN-560068 …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ARREST AND REMAND ORDER DATED 26.10.2024 PASSED BY LRD. ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC-1 BANGALORE CITY IN CR.NO.213/2024 REGISTERED BY THE CHIKKAJALA POLICE STATION (NOW PENDING ON THE FILE FO THE FTSC-1 AT BENGALURU CITY IN SPL.C.C.NO.8/2025 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 respondents. 2. The petitioner was arrested on 25.10.2024, and produced before the Court on 26.10.2024. 3. In relation to Crime No.213/2024 for the offences punishable under Sections 3, 4 and 6 of ITP Act, and Section 143(2) and 143(3) of BNS, 2023 and Sections 4, 6 and 8 of POCSO Act, is before this Court seeking relief. 4. The primary contention of the petitioner is that he was not served with grounds of arrest, and therefore, - 3 - NC: 2025:KHC:16013 CRL.P No. 5703 of 2025 the same is in violation of Article 22(1) of the Constitution of India and Section 50 of BNS, 2023. 5. The learned High Court Government Pleader for the respondents submits that the petitioner was served with arrest memo, however, perusal of the arrest memo indicates that the grounds of arrest are not disclosing his arrest. 6. The Hon'ble Apex Court in the case of Vihaan Kumar (supra) 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 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. - 4 - NC: 2025:KHC:16013 CRL.P No. 5703 of 2025 7. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner herein is held to be illegal and without authority of law. 8. Accordingly, this petition is allowed. 9. The 3rd respondent, Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner-accused forthwith in Crime No.213/2024 registered by the Chikkajala Police Station for the offences punishable under Sections 3, 4 and 6 of ITP Act, and Section 143(2) and 143(3) of BNS, 2023 and Sections 4, 6 and 8 of POCSO Act subject to the following conditions: i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum 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 required; iv) The petitioner shall not involve in similar offences in the future; v) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer. - 5 - NC: 2025:KHC:16013 CRL.P No. 5703 of 2025 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. vii) 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 BKM List No.: 3 Sl No.: 2