- 1 - NC: 2025:KHC:17860 CRL.P No. 6467 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.6467 OF 2025 BETWEEN: SRI. SHIVAKUMARA S/O SWAMYGOWDA AGED ABOUT 37 YEARS R/AT THATTEKERE VILLAGE KASBA HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT PIN 573211. …PETITIONER (BY SRI. NISHANTH S.K. ADV.,) AND: 1. THE STATE OF KARNATAKA THROUGH HOLENARASIPURA TOWN POLICE STATION REPRESENTED BY IT STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 560 001. 2. SMT. RADHA W/O JAVAREGOWDA TATTEKRE VILLAGE KASABA HOBLI H.N. PURA TALUK HASSAN DISTRICT-573211. 3. THE JAIL SUPERINTENDENT DISTRICT PRISON HASSAN-573201. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1 & R3) Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:17860 CRL.P No. 6467 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (U/S 528 BNSS) PRAYING TO QUASH THE ARREST AND REMAND ORDER DTD 14.08.2022 PASSED BY LEARNED CIVIL JUDGE AND JMFC, AT HOLENARASIPURA, IN CR.NO.155/2022 REGISTERED BY THE HOLENARASIPURA TOWN P.S., FOR THE ALLEGED OFFENCES P/U/S 498(A), 302, 307, 109 R/W 34 OF IPC, (NOW PENDING ON THE FILE OF LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, AT HASSAN, IN SC.NO.325/2022) AND CONSEQUENTLY DIRECT THE 3rd RESPONDENT TO RELEASE THE PETITIONER FROM HIS CUSTODY FORTHWITH IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner (accused No.1), who was arrested on 14.08.2022 in Crime No.155/2022 for the offences punishable under Sections 498A, 302, 307, 109 read with Section 34 of IPC, is before this Court. 2. The petitioner contends that at the time of arrest, the grounds of arrest were not served, which is in violation of Article 22(1) of Constitution of India and Section 50 and 50A of Cr.PC. 3. The learned High Court Government Pleader for the respondents No.1 and 3, on instructions, submitted that the grounds of arrest were not served on the petitioner at the time of arrest. - 3 - NC: 2025:KHC:17860 CRL.P No. 6467 of 2025 4. In the instant case, the impugned grounds of arrest was not served on the petitioner. The petitioner is in judicial custody since 14.08.2022. Hence, the petition is allowed. 5. The respondent No.3 - The Jail Superintendent, District Prison, Hassan, is hereby directed to release the petitioner forthwith from judicial custody in S.C.No.325/2022 pending on the file of the II Additional District & Sessions Judge, Hassan, arising out of Crime No.155/2022 registered by Holenarasipura Town Police Station, Hassan, if he is not required in any other case, subject to 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; 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; - 4 - NC: 2025:KHC:17860 CRL.P No. 6467 of 2025 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 BSR List No.: 1 Sl No.: 167