- 1 - HC-KAR NC: 2025:KHC:19484 CRL.P No. 7000 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7000 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI BHARATH S/O DEVARAJ AGED ABOUT 24 YEARS R/AT NO.78-A/5, FLAT NO.03, 3RD CROSS, DOMLURU BANGALORE – 560 071. …PETITIONER (BY SRI. NISHANTH S.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HALASURU P.S, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. 2. SRI. VIRESH R AGED ABOUT 45 YEARS POLICE OFFICER, ANTI NARCOTICS WING CENTRAL CRIME BRANCH BANGALORE CITY – 560 085. 3. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA BANGALORE – 560 068. REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL.SPP) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19484 CRL.P No. 7000 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ARREST AND REMAND ORDER DATED 31.12.2023 PASSED BY LEARNED MMTC-I, BANGALORE CITY IN CRIME NO.378/2023 REGISTERED BY THE HALASURU POLICE STATION FOR THE OFFENCES P/U/S 8(C), 22(C) AND 20(II)(B) OF NDPS ACT (NOW PENDING ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS), (CCH-33) AT BENGALURU CITY IN SPL.C.C.NO.700/2024) AND CONSEQUENTLY DIRECT THE 3RD RESPONDENT TO RELEASE THE PETITIONER FORTHWITH FROM THE PRISON. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “(i) To quash the arrest and remand order dated 31.12.2023 passed by Learned MMTC-I, Bangalore City in Crime No.378/2023 registered by the Halasuru Police Station for the offences punishable under Sections 8(c), 22(c) and 20(ii) (B) of NDPS Act (now pending on the file of XXXIII Additional City Civil & Sessions Judge and Special Judge (NDPS), (CCH-33) at Bengaluru City in Spl.C.C.No. 700/2024) and consequently direct the 3rd respondent to release the petitioner forthwith from the prison in the ends of justice. (ii) To grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the ends of justice.” - 3 - HC-KAR NC: 2025:KHC:19484 CRL.P No. 7000 of 2025 2. Heard learned counsel for the petitioner and learned Addl. SPP for respondent Nos.1 and 3 and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the material on record in order to point out that the requisite grounds of arrest as mandated under Article 22(1) of the Constitution of India as well as Sections 47 and 48 of BNSS, 2023 have not been issued either to the petitioner or to his relatives and in the light of the decisions of the Apex Court in the cases of Pankaj Bansal Vs. Union of India – (2024) 7 SCC 576, Prabir Purkayastha Vs. State (NCT of Delhi) – (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana – 2025 INSC 162, remand of the petitioner to the judicial custody be quashed and concerned respondents be directed to release the petitioner on bail. 4. Per contra, learned HCGP submits that at the time of arrest of the petitioner on 31.12.2023 at about 02.10 P.M., grounds of arrest were not furnished to the petitioner or to his - 4 - HC-KAR NC: 2025:KHC:19484 CRL.P No. 7000 of 2025 relatives as required in law and necessary orders may be passed in the instant case. 5. A perusal of the material on record will indicate that in the instant case, grounds of arrest have not been furnished or communicated to the petitioner and / or to his relatives, friends etc., as required in law and in the light of the principles enunciated in the aforesaid judgments, I am of the view that the petition deserves to be allowed and petitioner is entitled to be released on bail by imposing certain conditions. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned arrest of the petitioner on 31.12.2023 in Crime No.378/2023 registered by the 1st respondent - Police and consequential remand dated 31.12.2023 passed by the MMTC – I, Bangalore City, are hereby quashed. (iii) The 1st respondent as well as the 3rd respondent – Jail Authorities are directed to release the petitioner on bail forthwith immediately upon receipt of a copy of this order, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:19484 CRL.P No. 7000 of 2025 a) The petitioner shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ; b) The petitioner shall not involve in similar offences in future; c) The petitioner shall co-operate with the investigation; d) The petitioner shall not leave the jurisdiction of this Court without the prior permission of the Court; e) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the Trial Court within a period of two weeks from today. f) The petitioner shall mark his attendance before the SHO of the jurisdictional police station between 10.00 a.m. and 02.00 p.m., once in two weeks. g) Liberty is reserved in favour of the Trial Court to take appropriate action against the petitioner including issuance of NBW against the petitioner, in the event he violates any of the terms and conditions mentioned above. Registry is directed to communicate this order to the 1st respondent as well as the 3rd respondent - Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 4 Sl No.: 6