- 1 - NC: 2025:KHC:17870 CRL.P No. 6281 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. 6281 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MOHAMMED NOWSHAD S/O. SHARIFF, AGED ABOUT 26 YEARS, R/AT NO.2-125, NEAR JUMMA MASJID, 8TH BLOCK, KRISHNAPURA, KATIPALLA, MANGALURU CITY, D.K DISTRICT-575 014. 2. NIZAM S/O. ABDUL SATTAR AGED ABOUT 23 YEARS, R/AT NO.1-352/8, SANKESH HOUSE, NATIKAL KINYA POST, MANGALURU CITY D.K DISTRICT - 575 023. 3. TANVEER @ TANNU S/O. S MOHAMMAD AGED ABOUT 27 YEARS, R/AT NEAR BAJAL COMMITTEE MASJID, SHANTHI NAGAR, BAJAL, MANGALURU CITY D.K DISTRICT - 575 007. 4. MOHAMMAD IQBAL @ IKKA @ IKKU S/O. BASHEER, AGED ABOUT 28 YEARS, R/AT NO.2-173, NEAR B MALAR PANCHAYATH KAPU MALAR POST, UDUPI DISTRICT PRESENTLY R/AT: NAYAT APARTMENT 2ND FLOOR, ROOM NO.202, PADUBIDRE UDUPI DISTRICT - 574 111. …PETITIONERS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17870 CRL.P No. 6281 of 2025 (BY SRI. CHIRAG U., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, ULLALA POLICE STATION, D.K DISTRICT, REP. BY SPP, HIGH COURT BUILDING, DHARWAD-560 001. 2. SUMAYYA BANU W/O MOHAMMAD SAMEER ALI AGED ABOUT 22 YEARS R/AT: NO.15-110/21, SAFA MANZIL, KILRIYA NAGAR, MOKKACHERI ULLALA VILLAGE AND TALUK D.K DISTRICT - 575 020. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ARREST OF THE PETITIONERS DATED 13.08.2024 IN CRIME NO.150/2024 OF ULLALA POLICE STATION, D.K. DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 189(2), 191(2), 191(3), 325, 351(2), 126(2), 118(2), 103, R/W 190 OF BNS AND SECTION 25 OF ARMS ACT WHICH IS PRODUCED AT ANNEXURE-C AND REMAND DATED 14.08.2024 PASSED BY THE JMFC-VII COURT MANGALURU, CONSEQUENTLY RELEASE THE PETITIONERS FROM THE SUB JAIL, MANGALURU FORTHWITH IN CRIME NO.150/2024 [C.C.NO.1966/2024] OF ULLALA POLICE STATION, D.K.DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners who were arrested on 13.8.2024 in Crime No.150/2024, registered by the Ullala Police Station, and charge sheeted for the offences punishable under Sections 189(2), 191(2), 191(3), 325, 351(2), 126(2), 118(2), 103, r/w - 3 - NC: 2025:KHC:17870 CRL.P No. 6281 of 2025 190 of BNS, 2023 and Section 25 of the Arms Act are before this Court seeking relief. 2. The primary contention of the petitioners is that no grounds of arrest were disclosed and served on the petitioners at the time of arrest and the same stands vitiated for non- compliance of provision of Article 22(1) of Constitution of India and under Section 47(1) and 48 of BNSS, 2023. 3. Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent- State 4. The Hon'ble Apex Court in the case of Arnesh Kumar -vs- State of Bihar and anothers - (2014) 8 SCC 273 has ruled as follows: "7.3 In pith and core, the police officer before arrest must put a question to himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed and one or the other conditions as enumerated above is satisfied, the power of arrest needs to be exercised. In fine, before arrest first the police officers should have reason to believe on the basis of information and material that the accused has committed the offence. Apart from this, the police officer has to be satisfied further that the arrest is necessary for one or the more purposes envisaged by sub-clauses (a) to (e) of clause (1) of Section 41 of Cr.PC." 5. A Co-ordinate Bench of this Court in the case of Noufal M K -vs- State of Karnataka and anr. in WP No.6778/2025 following the decisions of the Apex Court in the cases of Pankaj Bansal -vs- Union of India- (2024) 7 - 4 - NC: 2025:KHC:17870 CRL.P No. 6281 of 2025 SCC 576, and Prabir Purkayastha -vs- State (NCT of Delhi)- (2024) 8 SCC 254, and Vihaan Kumar -vs-State of Haryana- 2025 INSC 162, released the petitioner therein, stating that arrest stands vitiated for non-disclosure of the grounds of arrest. 6. As such, the purported grounds of arrest is not in conformity with Section 47 of BNSS, 2023. Therefore the arrest of the petitioners stands vitiated for non-compliance of Article 22(1) of Constitution of India and Section 47(1) of BNSS, 2023. 7. In the instant case, the arrest memo does not disclose the grounds necessitating the arrest of petitioners. The remand order also discloses that the learned Magistrate has not applied his mind to the remand application before passing an order remanding the petitioners to the judicial custody. 8. Therefore, the arrest of the petitioner stands vitiated under Article 22(1) of the Constitution of India, and also Section 47 of BNSS, 2023. 9. Accordingly, the petition is allowed. The Superintendent of District Prison, Sub Jail Mangaluru, is directed to release the petitioners forthwith in C.C.No. 1966/2024 ( arising out of Crime No.150/2024 registered by the Ullala P.S., pending on the file of the learned JMFC VII Court, Mangaluru, subject to following conditions: a) The petitioners/accused Nos.1, 2 3 and 4 shall furnish personal bond for a sum of Rs. One lakh with - 5 - NC: 2025:KHC:17870 CRL.P No. 6281 of 2025 one surety for the likesum each to the satisfaction of the jurisdictional Court. b) They shall appear before the Trial Court as and when summoned. c) They shall not threaten or allure the prosecution witnesses in whatsoever manner. d) They shall not get involved in similar offences. e) They shall not leave the territorial limits of the police station without prior permission of the Concerned Trial Court. f) The Superintendent of Prison, District Jail, Mangalore, is hereby directed to release the petitioners-accused herein from the judicial custody 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. g) The Registry is directed to communicate this order to the Jail Authorities forthwith without any delay through e-mail and telephonically. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 8