- 1 - NC: 2025:KHC:17875 WP No. 12569 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 WRIT PETITION NO. 12569 OF 2025 (GM-RES) BETWEEN: 1. SRI GYANCHAND AGARWAL S/O. VIJAY KUMAR AGARWAL, AGED ABOUT 37 YEARS, RESIDING AT HOUSE NO.5, SRI SASTHA, 4TH BLOCK, 8TH MAIN, 1ST CROSS, NEAR INDUS EARLY LEARNING SCHOOL, KORAMANGALA, BENGALURU-560 034. (PRESENTLY HOUSED IN JUDICIAL CUSTODY). …PETITIONER (BY SRI. DEVARAJA M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHO ADUGODI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001. 2. KHUSHBOO GUPTA, D/O. KAILASH GUPTA, AGED ABOUT 38 YEARS, RESIDING AT FLAT NO.E5, ESTEEM SPLENDOUR APARTMENT, ADUGODI, BENGALURU-560 030. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE FIR AND COMPLAINT Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17875 WP No. 12569 of 2025 AT ANNEXURE-A AND ANNEXURE-B, RESPECTIVELY IN THE CASE IN CRIME NO.71/2025, REGISTERED BY THE FIRST RESPONDENT POLICE (ADUGODI POLICE STATION, BENGALURU CITY) ON THE COMPLAINT OF THE SECOND RESPONDENT, REGISTERED FOR THE OFFENCES MADE PENAL UNDER SECTIONS 69 AND 127(2) OF THE BHARATIYA NYAYA SANHITA, PRESENTLY PENDING ON THE FILE OF THE XXXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU 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 petitioner was arrested on 25.3.2025 in Crime No.71/2025 registered by the Audugodi Police Station for the offences under Sections 69 and 127(2) of BNS 2023 is before this Court seeking relief. 2. The primary contention of the petitioner is that no grounds of arrest were disclosed and served on the petitioner at the time of arrest and the same stands vitiated for non- compliance of provision of Article 22(1) of Constitution of India and Section 47(1) 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. 3. The learned High Court Government Pleader submits that the grounds of arrest were alleged to have been served on the petitioner at the time of arrest. However, on instruction submitted that the grounds of arrest was not - 3 - NC: 2025:KHC:17875 WP No. 12569 of 2025 produced along with the remand application to the learned Magistrate. 4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State 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 for non-compliance of provision of Article 22(1) of Constitution of India and Section 47(1) of BNSS 2023. The petitioner has established a prima facie case to release him from the judicial custody forthwith. - 4 - NC: 2025:KHC:17875 WP No. 12569 of 2025 7. Accordingly, this petition is allowed. The Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner-accused forthwith in Crime No.71/2025, registered by the Audugodi Police Station, pending on the file of the XXXIX Additional Chief Judicial Magistrate, Bengaluru, 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; 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; - 5 - NC: 2025:KHC:17875 WP No. 12569 of 2025 vii) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically; viii) Liberty is reserved with the petitioner to file a petition afresh challenging the validity of the FIR in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 4