- 1 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7135 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: CHUKWUBAIKW DESMOND OKWA S/O PATRIC AGED ABOUT 28 YEARS, AS PER REMAND APPLICATION R/O NO.13, GROUND FLOOR, 3RD CROSS ROAD, KULLAPPA CIRCLE, KAMMANAHALLI, SWEET MOMENT SIDE ROAD, BENGALURU – 560 084 …PETITIONER (BY SRI. BALAKRISHNA M. R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KORAMANAGALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001 2. MAHESH MALLAYANAWAR FATHERS NAME NOT KNOWN TO THE PETITIONER MAJOR IN AGE POLICE SUB-INSPECTOR, KORMANAGALA POLICE STATION, BENGALURU – 560 095 3. THE CHIEF SUPERINDENT CENTRAL PRISON, PARAPPAN AGRAHARA, BENGALURU – 560 100 …RESPONDENTS (BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1 TO R3) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER OF ARREST DATED 28.07.2023 BY THE RESPONDENT NO.2 POLICE AND ORDER OF REMAND DATED 29.07.2023 PASSED BY THE HON’BLE XLI ADDL.CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU IN CRIME NO.200/2023 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 8(C) AND 22(C) OF NDPS ACT AND SECTION 14 OF FOREIGNERS ACT AND NOW PENDING ON THE FILE OF THE HON’BLE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE FOR NDPS CASES AT BENGALURU (CCH-33) IN SPL.C.NO.2891/2023 AND SET AT LIBERTY FORTHWITH. 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, the petitioner has sought for the following reliefs: “a) Set aside the order of arrest dated 28.07.2023 by the Respondent No.2 Police and order of remand dated 29.07.2023 passed by the Hon’ble XLI Additional Chief Metropolitan Magistrate, at Bengaluru in Crime No.200/2023 for the alleged offences punishable under Sections 8(c) and 22(c) of NDPS Act and Sec. 14 of Foreigner’s Act and now pending on the file of the Hon’ble XXXIII Additional City Civil and Sessions Judge and Spl. Judge for NDPS cases at Bengaluru (CCH-33) in Spl.C.2891/2023 and set at liberty forthwith.” b) Pass such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent Nos.1 to 3 and perused the material on record. 3. Learned counsel for the petitioner submits that the issue in controversy involved in the petition is directly and squarely covered by the judgment of a Co-ordinate Bench of this Court in the case of Uzowum Chickdwum Levonus @ Livousa, – W.P.No.4000/2025 dated 27.03.2025. 4. Per contra, learned Additional SPP for respondent Nos.1 to 3 would oppose the petition and submits that there is no merit in the petition and that the same is liable to be dismissed. 5. As rightly contended by the learned counsel for the petitioner, the issue in controversy involved in the present petition is directly and squarely covered by the judgment of a Co-ordinate Bench of this Court in the case of Uzowum Chickdwum Levonus @ Livousa, – W.P.No.4000/2025 dated 27.03.2025, wherein it is held as under: “The petitioner, who has been arrested in Crime No.59/2024 for the offences punishable under Sections - 4 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 8(c), 22(c) of NDPS Act, 1985 is before this Court seeking relief. 2. Heard Sri Hashmat Pasha, learned Senior Counsel representing petitioner's counsel and learned High Court Government Pleader for the respondent - State. 3. The petitioner's contention is that his arrest stands vitiated for non-compliance of Articles 21 and 22(1) of the Constitution of India and also Sections 47 and 48 of BNS, 2023. Perusal of the grounds of arrest furnished by the State indicated that the petitioner was informed that he is selling drugs to college students, software engineers, known clients and others to make unlawful gain. Thus, a case came to be registered against him in Crime No.59/2024 for the aforesaid offences. 3.1. The petitioner's further contention is that the grounds of arrest does not disclose full particulars of the offence committed by the petitioner, as to, whether the alleged offences are bailable or not, or with respect to the quantity seized from the possession of the petitioner. Although the grounds of arrest has been served on the petitioner, however, the same is in Kannada language, and admittedly, the petitioner is a foreigner, who does not understand Kannada language. Therefore, the Police Inspector was required to serve the grounds of arrest on the petitioner, in the language known to him. - 5 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 4. The Hon'ble Apex Court in the case of Vihaan Kumar v. State of Haryana, 2025 INSC 162, has ruled that as far as Article 22(1) is concerned, compliance can be made by communicating sufficient knowledge of the basic facts constituting the grounds of arrest to the person arrested . The grounds should be effectively and fully communicated to the arrestee in the manner in which he will fully understand the same. Therefore, it follows that the grounds of arrest must be informed in a language which the arrestee understands. 5. A coordinate Bench of this Court in Crl.P No.6578/2019 had issued guidelines stating that as soon as the offence under Foreigners Act and other Laws is detected, and there is a strong prima facie material to show that the detected person is a foreign national, and if the said person has no passport or visa, or if the visa is expired, and he has no right to stay in Indian Territory, proceedings shall be immediately undertaken to deport such foreign national to his nation, without unnecessary delay, from the date of registration of FIR against such person. 5.1. It was further held that if for any reason the Court grants bail including anticipatory bail, in any criminal case where the offender is a foreign national, and the offences are under the Foreigners Act and/or also under any other Laws for the time being in force, and if their visa was cancelled or lapsed, or if they had no passport, or if they were illegal immigrants, then the - 6 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 Courts shall specifically order to keep such persons in detention centers, unless the competent authority has passed any order under section 3(2)(a) to (f) of Foreigners Act, 1946. 6. 6. The Hon'ble Apex Court in the case of Prabir Purkayastha -vs- State (NCT of Delhi) - (2024) 8 SCC 254 referred to its earlier decision in the case of Roy V.D -vs- State of Kerala - (2000) 8 SCC 590, wherein it was held that the life and liberty of an individual is so sacrosanct that it cannot be allowed to be interfered with, except under the authority of law, and that the same principle has been recognized and applied in all civilized countries. Article 21 of the Indian Constitution guarantees protection of life and personal liberty not only to citizens of India but also to aliens. 7. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- State of Harayana and another - 2025 SCC OnLine SC 269, has ruled that failure to comply with the requirement of informing the arrestee of the grounds of his arrest amounts to violation of fundamental right enshrined in Article 22(1) of the Constitution, and also the fundamental right to liberty guaranteed under Article 21 thereof, and therefore, shall vitiate the arrest. 8. In the instant case, the petitioner is a foreign national, and the grounds of his arrest were communicated to the petitioner in Kannada language, - 7 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 and there is no endorsement made in the grounds of arrest that the contents of the arrest memo were read over to the petitioner, and explained to him in the language which the petitioner understands. Therefore, the arrest of the petitioner stands vitiated on the sole ground that the grounds of arrest were not disclosed to the petitioner in the language which he understands, so as to afford the petitioner the right to effectively challenge his arrest. Accordingly, this petition is allowed. i) The order of arrest dated 23.10.2024 and order of remand dated 24.10.2024 passed in Crime No.59/2024 of CCB Police is hereby quashed. ii) The 3rd respondent, Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release forthwith the petitioner- accused in Crime No.59/2024, of CCB Police, Bangalore City for the offences punishable 8(c) and 22 (C) of the NDPS Act, 1985 subject to the following conditions: i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum 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; - 8 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 iii) The petitioner shall appear before the investigating officer as and when required; iv) The petitioner shall not involve in similar offences in the future; v) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer. vi) The concerned Jail Authorities are hereby directed to release the petitioner forthwith without any delay and immediately upon a receipt of copy of this order if he is 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. 9. It is open for the respondents to move the Registration Officer appointed under Rule 3 of the Foreigners Rules. 10. It is also made clear that under Section 3(2) of the Foreigners Act, if the Competent Authority feels that by means of imposing restrictions on the movements of the petitioner, by taking bond - with or without surety, or in alternative to the enforcement of any of the prescribed or other specific restrictions or conditions, so as to observe or control the movements of the petitioner, such orders may be passed by the Competent Authority with intimation to the concerned Court. - 9 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 11. The learned XXXIII Additional City Civil And Sessions Judge, Special Cases for NDPS, Bangalore City to conclude the trial in Spl.CC No.131/2025 within four months. 12. The petitioner to appear before the Trial Court as and when summoned, and cooperate for conclusion of the trial, failing which, the Trial Court is permitted to pass appropriate orders. Hand delivery ordered.” 6. Under these circumstances, the present petition also stands disposed of on the very same findings and observations as held by this Court in Uzowum Chickdwum Levonus @ Livousa, – W.P.No.4000/2025 dated 27.03.2025. 7. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The order of arrest dated 28.07.2023 and order of remand dated 29.07.2023 passed in Crime No.200/2023 of Koramangala Police on the file of XXXIII Additional City Civil and Sessions Judge and - 10 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 Special Judge for NDPS cases at Bengaluru (CCH- 33) in Spl.C.No.2891/2023 are hereby quashed. iii) The 3rd respondent, Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release forthwith the petitioner-accused in Crime No.200/2023, of Koramangala Police, Bangalore City for the offences punishable 8(c) and 22 (C) of the NDPS Act, 1985 subject to the following conditions: a) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court within a period of two weeks from the date of his release; b) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; c) The petitioner shall appear before the investigating officer as and when required; d) The petitioner shall not involve in similar offences in the future; e) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer. - 11 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 f) The concerned Jail Authorities are hereby directed to release the petitioner forthwith without any delay and immediately upon a receipt of copy of this order if he is not required for any other cases, if any. g) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. iv) It is open for the respondents to move the Registration Officer appointed under Rule 3 of the Foreigners Rules. v) It is also made clear that under Section 3(2) of the Foreigners Act, if the Competent Authority feels that by means of imposing restrictions on the movements of the petitioner, by taking bond - with or without surety, or in alternative to the enforcement of any of the prescribed or other specific restrictions or conditions, so as to observe or control the movements of the petitioner, such orders may be passed by the Competent Authority with intimation to the concerned Court. - 12 - HC-KAR NC: 2025:KHC:21364 CRL.P No. 7135 of 2025 vi) The learned XXXIII Additional City Civil And Sessions Judge and Special Judge for NDPS cases at Bengaluru (CCH-33) to conclude the trial in Spl.C. No.2891/2023 within three months. vii) The petitioner to appear before the Trial Court as and when summoned, and cooperate for conclusion of the trial, failing which, the Trial Court is permitted to pass appropriate orders. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 0