- 1 - HC-KAR NC: 2025:KHC:21359 CRL.P No. 8025 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. 8025 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: AKASH S/O NAGARJU, AGED ABOUT 26 YEARS, R/AT NO.102, RESIDING AT AMBEDKAR BEEDI, 2ND CROSS, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT – 571 443 …PETITIONER (BY SRI. RAVI M.M., ADVOCATE) AND: 1. STATE BY ALANAHALLY POLICE STATION, MYSURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU, MYSURU DISTRICT – 570 002. 3. M. N. GIRISH S/O NAGASHETTY, AGED 44 YEARS, R/AT NO.1615, 2ND STAGE, POLICE LAYOUT, SVP NAGAR, MYSURU – 570 002. …RESPONDENTS (BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1 & R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21359 CRL.P No. 8025 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED REMAND ORDER DATED 23.03.2025 PASSED IN CRIME NO.0023/2025 BY THE III JMFC COURT AT MYSURU FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 309(6), 329(4) OF BNS, 2023 OF THE 1ST RESPONDENT ALANAHALLY POLICE STATION, MYSURU IN RESPECT OF PETITIONER/ACCUSED NO.4 AND ETC. 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) Quash the impugned Remand order dated 23.03.2025 passed in Crime No.0023/2025 by the III JMFC Court, at Mysuru for the alleged offences punishable under Sections 309(6), 329(4) of Bharatiya Nyaya Sanhita 2023 of the 1st respondent Alanahally Police Station, Mysuru in respect of petitioner/accused No.4. b) Direct the 2nd respondent to release the petitioner/accused No.4 forthwith from custody in Crime No.23/2025 by the III JMFC Court, at Mysuru for the alleged offences punishable under Sections 309(6), 329(4) of Bharatiya Nyaya Sanhita 2023 of the 1st respondent Alanahally Police Station, Mysuru, and thus render justice.” - 3 - HC-KAR NC: 2025:KHC:21359 CRL.P No. 8025 of 2025 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent Nos.1 and 2 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 and the impugned remand of the petitioner to the judicial custody be quashed and concerned respondents be directed to release the petitioner on bail. 4. Learned Addl. SPP for respondents 1 and 2 submits that grounds of arrest were not furnished / communicated to the petitioner as required in law and necessary orders in the instant case may be passed. - 4 - HC-KAR NC: 2025:KHC:21359 CRL.P No. 8025 of 2025 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) The petition is hereby allowed. (ii) The impugned arrest of the petitioner on 23.03.2025 in Crime No.23/2025 and consequential remand order dated 23.03.2025 passed by the III JMFC Court, Mysuru, are hereby quashed. (iii) The 1st respondent as well as the 2nd respondent - Jail Authorities are directed to release the petitioner on bail forthwith and 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 ; - 5 - HC-KAR NC: 2025:KHC:21359 CRL.P No. 8025 of 2025 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 the date of his release. f) The petitioner shall produce his address / identity proof before the Jail authorities at the time of his release. g) 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. h) Liberty is reserved in favour of the prosecution as well as the Trial Court to take appropriate action against the petitioner including cancellation of the bail, 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 2nd respondent - Jail Authorities forthwith - 6 - HC-KAR NC: 2025:KHC:21359 CRL.P No. 8025 of 2025 without any delay both electronically and telephonically to enable immediate implementation of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 8