- 1 - NC: 2025:KHC:17653 CRL.P No. 6034 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. 6034 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. BRIJESH INDIRA, S/O. LATE. SANTHOSH KUMAR A. AGED ABOUT 31 YEARS, R/AT NO.58, APPAIAH (RAMAKKA) COMPLEX, SEPPINGS ROAD, NEAR MUTHYALAMMA TEMPLE, BHARATHINAGAR, BENGALURU - 560 001. (NOW IN JUDICIAL CUSTODY, CENTRAL PRISON, BENGALURU) …PETITIONER (BY SRI. TEJAS N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGALUR POLICE, BENGALURU - 562 149. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01) 2. CHIEF SUPERINTENDENT OF POLICE, CENTRAL PRISON, JAIL ROAD, PARAPANA AGRAHARA, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17653 CRL.P No. 6034 of 2025 BENGALURU - 560 100. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01) 3. MRS. JOSPHINE, W/O. GUNA, AGED ABOUT 30 YEARS, R/AT NO.102, NEAR BEHIND SADHANA SCHOOL GATE, 1ST MAIN, 3RD CROSS, KEMPEGOWDA LAYOUT, RAMAKRISHNA HEGADE NAGARA, BENGALURU - 560 077. …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 20.01.2025 AND REMAND ORDER DATED 30.01.2025 PASSED IN CRIME NO.6/2025 OF BAGALUR POLICE, BENGALURU WHICH IS PENDING ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDE AND JMFC DEVANAHALLI, BENGALURU RURAL AS ILLEGAL AND CONSEQUENTLY RELEASE HIM FROM JUDICIAL CUSTODY FORTHWITH AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC:17653 CRL.P No. 6034 of 2025 ORAL ORDER The petitioner was arrested on 20.01.2025 in Crime No.6/2025 registered by the Bagaluru Police Station, Bengaluru, for the offence punishable under Section 103(1), 238 r/w 3(5) of BNS, 2023 and Section 25 (1)(1A) (1AA), 25(1)(1B) (a) (c), 27(1)(2)(3) & 29(a) of the Arms Act, 1959 is before this Court seeking relief. 2. Petitioner's primary contention is that, the arrest stands vitiated for violation of Article 22(1) of the Constitution of India and for non-compliance of Section 47 of BNSS 2023, as no grounds of arrest was served on the petitioner at the time of arrest. 3. Heard the learned counsel for the petitioner 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 - 4 - NC: 2025:KHC:17653 CRL.P No. 6034 of 2025 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. 5. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner stands vitiated for violation of Article 22 (1) of the Constitution of India and for non-compliance of Section 47 of BNSS, and in such circumstances, the petitioner has established a prima facie case for his release from judicial custody. 6. Accordingly, the petition is allowed. - 5 - NC: 2025:KHC:17653 CRL.P No. 6034 of 2025 7. The Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner herein forthwith from judicial custody in Crime No.6/2025, registered by the Bagaluru Police Station, pending on the file of the learned Principal Civil Judge and J.M.F.C., Devanahalli, Bengaluru Rural, if he is not required in any other case, subject to the following conditions: i) The petitioner-accused herein 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 Investigating Officer as and when summoned; iv) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. - 6 - NC: 2025:KHC:17653 CRL.P No. 6034 of 2025 Pending I.A.No.1/2025 does not survive for consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 3