- 1 - HC-KAR NC: 2025:KHC:19781 CRL.P No. 7570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7570 OF 2025 BETWEEN: SAKTHI VELU.G @ SAKTHI AGED ABOUT 35 YEARS S/O LATE GOVINDAN R/A NO.56, HOSA NAGAR, NGEF LAYOUT SADANANDANAGAR, BENGALURU-560038 …PETITIONER (BY SRI. RAKSHITH R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYAPANAHALLI PS REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001 2. PAPPU SHARMA S/O JUGAL SHARMA AGED ABOUT 47 YEARS R/A NO.05, C BUILDING, 2ND MAIN, 4TH CROSS, KRISHNAIAHNAPALYA, BENGALURU CITY, KARNATAKA -560038 3. CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANNA AGRAHARA, BANGALORE-560068 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1 AND R3; V/O DATED 29.05.2025, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19781 CRL.P No. 7570 of 2025 THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ARREST OF PETITIONER DATED 10.10.2022 IN CR.NO.131/2022 OF BYAPPANAHALLI PS FOR OFFENCE PUNISHABLE UNDER SECTION 302 READ WITH 34 IPC PENDING ON THE FILE OF 13TH ACC AND SJ (CCH-22) M.H.UNIT, BENGALURU IN SC.NO.225/2023 AND CONSEQUENTLY DIRECT RESPONDENT NO.3 TO RELEASE THE PETITIONER FROM JUDICIAL CUSTODY. 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 relief: “To quash the arrest of petitioner dated 10.10.2022 in Cr.No.131/2022 of Byappanahalli PS for offence punishable under section 302 r/w 34 IPC pending on the file of 13TH ACC & SJ (CCH-22) M.H. Unit, Bengaluru in S.C.No.225/2023 and consequently direct Respondent No.3 to release the petitioner from judicial custody in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 & 3 and perused the material on record. For the order proposed, notice to respondent No. 2 is dispensed with. - 3 - HC-KAR NC: 2025:KHC:19781 CRL.P No. 7570 of 2025 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 Hon'ble 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 10.10.2022 at about 11:00 AM, grounds of arrest were not furnished to the petitioner or to his 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 - 4 - HC-KAR NC: 2025:KHC:19781 CRL.P No. 7570 of 2025 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. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned arrest of the petitioner on 10.10.2022 in Crime No.131/2022 registered by the 1st respondent - Police and consequential remand dated 11.10.2022 passed by the X Addl. Chief Metropolitan Magistrate at Bengaluru 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: 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; - 5 - HC-KAR NC: 2025:KHC:19781 CRL.P No. 7570 of 2025 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/- (Rupees One Lakh only) with one surety for the likesum, to the satisfaction of the Trial Court within a period of two weeks from the date of his release. 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 PMR List No.: 1 Sl No.: 59