- 1 - NC: 2025:KHC:17873 WP No. 12574 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. 12574 OF 2025 (GM-RES) BETWEEN: 1. FAREED AHMED @ FAREED S/O SAIFULLA AHMED, AGED ABOUT 22 YEARS, R/AT NO.6/1, CAR POLICE GROUNDS NEAR SIRSI CIRCLE, MYSORE ROAD, CHAMARAJPET, BANGALORE - 560018. 2. SYED SABEER S/O SYED JABBAR @ SHABEER, AGED ABOUT 22 YEARS, R/AT NO.5, 5TH B CROSS, NEAR AYYAPPA TEMPLE, NEW GURAPPANAPALYA, BANGALORE - 560 021. (BOTH ARE IN JUDICIAL CUSTODY CENTRAL PRISON, BANGALORE) …PETITIONERS (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. KARIAPPA N.A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI POLICE STATION, BANGALAORE CITY. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17873 WP No. 12574 of 2025 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BANGALAORE. (BOTH ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR / GOVERNMENT ADVOCATE HIGH COURT OF KARNATAKA, BANGALORE - 560001). 3. MR. ALLAH BAKSH S/O LT. ABDUL SHAFI, AGED ABOUT 51 YEARS, R/AT NO.19/3, DURULAMAN, 6TH FLOOR, KHAZI STREET, BASAVANAGUDI, BANGALORE CITY. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE ARREST DATED 25-9-2023 AT 9-30 PM IN CRIME NO.199/2023 OF BASAVANAGUDI POLICE STATION, BANGALORE CITY AS ILLEGAL AND CONSEQUENTLY DIRECT RESPONDENT NO.2 TO RELEASE THEM FORTHWITH FROM JUDICIAL CUSTODY CENTRAL PRISON, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners-accused Nos.2 and 3 who were arrested on 25.9.2023 in crime No. 199/2023 for the offence punishable under Sections 302 r/w Section 34 of IPC are before this Court seeking relief. - 3 - NC: 2025:KHC:17873 WP No. 12574 of 2025 2. The primary contention of the petitioners is that the grounds of arrest were not disclosed and served on the petitioners at the time of arrest and the same stands vitiated for non-compliance of Section 50 & 50A of Cr.P.C. and Article 22(1) of the Constitution of India. 3. The learned High Court Government Pleader submits that the decision of the Apex Court in the case of Pankaj Bansal –vs- Union of India, 2024 (7) SCC 5760 as prescribed/purpoted and therefore the petitioner cannot take the benefit of the said judgment in view of the decision of the Division Bench of this Court in Crl.A.No.557/2025. 4. Sri Hashmath Pasha, learned senior counsel representing the petitioners’ counsel submitted that in the cited decision of the Division Bench of this Court, offence was under Unlawful Activities (Prevention) Act, 1967, and the said decision is not applicable to the fact of this case. 5. He further submitted that the petitioners are the non-habitual and the trial has not yet commenced as of today. In support reliance is placed on the decision of this Court in W.P.No.9302/2025 disposed of on 17.4.2025. - 4 - NC: 2025:KHC:17873 WP No. 12574 of 2025 6. The issue involved in this petition is squarely covered by the decision of this Court in W.P.No.9302/2025 wherein at para 21.1 and 21.2 has held as follows: "21.1. The same is taken on record. However, it is hereby clarified that non-service of grounds of arrest against any alleged offence, in writing, upon similarly situated arrestees as the petitioner herein, who is admittedly a non-habitual offender, shall be adequate grounds to contest the lawfulness of any arrest effected even prior to the pronouncement of the judgment in the case of Prabir Purkayastha (supra) (D.D. 15.05.2024). At the risk of repetition, it may be observed that the ratio enunciated in Prabir Purkayastha (supra) has merely expounded the pre-existing constitutional guarantee enshrined in Article 22(1) of the Constitution, which has been in effect since 26.01.1950. 21.2. Therefore, any violation of the right to be afforded an opportunity to make an effective representation against the arrest or an order of remand in relation to any offence, shall constitute a contravention of the constitutional guarantee under Article 22(1) of the Constitution and the statutory safeguard under Section 50 of Cr.P.C." 7. In the light of the above, the arrest of the petitioner stands vitiated for non compliance of the provision of Article 22(1) of Constitution of India and under section 50 and 50A of Cr.P.C. The petitioner has established a prima facie case to release him from the judicial custody. - 5 - NC: 2025:KHC:17873 WP No. 12574 of 2025 8. Accordingly, this petition is allowed. The 2nd respondent, Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioners-accused forthwith in S.C.No.36/2024 pending on the file of Learned LVI Additional City Civil and Sessions Judge, Bangalore City, (arising out of Crime No.199/2023, registered by the Basavangudi Police Station, for the offences punishable under Sections 103, 238, and 351(2) of the Bharatiya Nyaya Sanhita (BNSS),2023 subject to the following conditions: i) The petitioners-accused shall execute a personal bond for a sum of Rs.1,00,000/- each with one local surety each for the likesum to the satisfaction of the Trial Court within a period of two weeks from the date of their release; ii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioners shall appear before the Trial Cout as and when required; iv) The petitioners shall not involve in similar offences in future; - 6 - NC: 2025:KHC:17873 WP No. 12574 of 2025 v) The petitioners shall not leave the territorial limits without prior permission of the Jurisdictional Trial Court. vi) The concerned Jail Authorities are hereby directed to release the petitioners forthwith without any delay and immediately upon a receipt of copy of this order, if they are 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.: 10