- 1 - NC: 2025:KHC:17485 CRL.P No. 6394 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. 6394 OF 2025 BETWEEN: NOORUDDIN B ALIAS ANWAR S/O. HUSSAINAR AGED ABOUT 34 YEARS R/AT NO.360, VADAKKAR KUNNIL BEVIJE, THEKKIL FERRY POST, CHARKALA, KASARAGOD KERALA - 571 121. …PETITIONER (BY SRI. C. PARAMESWARAPPA, ADVOCATE) AND: THE STATE OF KARNATAKA BY HALASURU GATE POLICE STATION BENGALURU DISTRICT - 560 008. REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. …RESPONDENT (BY SRI. RAHUL RAI, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER OF ARREST DATED 16.09.2024 AND CONSEQUENTLY DIRECT THE RESPONDENT TO RELEASE THE PETITIONER AS HIS CUSTODY IS ILLEGAL IN NATURE, IN CONNECTION WITH CR.NO.225/2024 OF HALASURU GATE P.S. BENGALURU CITY FOR THE AFORESAID OFFENCE P/U/S 178, 179, 180, 181, 182 OF BNS 2023 PENDING ON THE FILE OF THE VI A.C.M.M AT BENGALURU IN C.C.NO.41772/2024. THIS CRL.P, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17485 CRL.P No. 6394 of 2025 ORAL ORDER The petitioner was arrested in Crime No.225/2024 for the offences punishable under Sections 178, 179, 180, 181, 182 of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court seeking relief. 2. Petitioners' primary contention is that, at the time of arrest, the petitioner was not served with the grounds of arrest which is in violation of Section 47 of BNSS 2023 and Article 22(1) of the Constitution of India. 3. The learned High Court Government Pleader for the respondent - State has placed on record the intimation of arrest. 4. A perusal of the same indicates that, except informing that the petitioner has been taken into custody for investigation in Crime No.225/2024 for the aforesaid offences, no grounds are disclosed for arresting the petitioner. 5. 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 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 - 3 - NC: 2025:KHC:17485 CRL.P No. 6394 of 2025 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. 6. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner stand vitiated for non-compliance of Section 47 of BNSS 2023, and Article 22(1) of the Constitution of India, and in such circumstances, the petitioner is entitled to be released from judicial custody. 7. Accordingly, the petition is allowed. 8. The respondent No.1 and the Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner forthwith from judicial custody in C.C.No.41772/2024, on the file of the learned VI Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.225/2024 registered by the Halasuru Gate Police Station, subject to the following conditions: i) The petitioner-accused 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; - 4 - NC: 2025:KHC:17485 CRL.P No. 6394 of 2025 ii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioner shall appear before the Trial Court 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. (v) Liberty is reserved to the petitioner to file a petition afresh challenging the charge sheet. Sd/- (HEMANT CHANDANGOUDAR) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 45