- 1 - NC: 2025:KHC:17868 CRL.P No. 6229 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6229 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MANOJ G GOWDA S/O LATE GIDDEGOWDA, AGED ABOUT 24 YEARS, R/AT HOLETHIMMANAHALLY, HASSAN TALUK, HASSAN DISTRICT -01 …PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SHANTIGRAMA POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01. 2. MOHAN KRISHNA P MAJOR S/O NOT KNOWN POLICE INSPECTOR HASSAN CITY POLICE, HASSAN DISTRICT-01 BY SPP, HIGH COURT BENGALURU-560 001. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND SET ASIDE Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17868 CRL.P No. 6229 of 2025 THE IMPUGNED REMAND ORDER DATED 06.02.2025 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC HASSAN IN CRIME NO.14/2025 FOR THE OFFENCE P/U/S 132, 109, 121(1), 38, 352 OF BNS 2023 BY SHANTIGRAMA POLICE. THIS PETITION, COMING ON FOR ADMISSION, 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 respondent No.1-State. 2. The petitioner who was arrested on 6.2.2025 in Crime No.14/2025 for the offences punishable under Sections 132, 109, 121(1), 38, 352 of BNS 2023, is before this Court seeking relief. 3. The primary contention of the petitioner is that no grounds of arrest were disclosed and served on the petitioner at the time of the arrest and therefore the same stands vitiated for non-compliance of provision of Article 22(1) of Constitution of India and section 47(2) of BNSS, 2023. In support, reliance is placed on the decision of the Apex Court in the case of Vihaan Kumar -vs- State of Haryana & anr. - in 2025 INSC 162. 4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State. - 3 - NC: 2025:KHC:17868 CRL.P No. 6229 of 2025 5. The Hon'ble Apex Court in the case of Vihaan Kumar - vs- State of Haryana & anr. - in 2025 INSC 162, following the earlier decision has held that the requirement of informing the person arrested of the grounds of arrest is not a 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 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, if would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty. The reason is that, as provided in Article 21, no person can be deprived of his liberty except in accordance with the procedure established by law. 6. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner is held to be illegal and without authority of law. 7. Accordingly, this petition is allowed. The Jail Superintendent of District Prison, Hassan, is hereby directed to release the petitioner-accused forthwith in Crime No.14/2025, registered by the Shanthigrama Police Station, for the aforesaid offences, subject to the following conditions: i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the Trial Court within a period of two weeks from the date of his release; - 4 - NC: 2025:KHC:17868 CRL.P No. 6229 of 2025 ii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioner shall appear before the investigating officer as and when required; iv) The petitioner shall not involve in similar offences in future; v) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer. 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. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 6