- 1 - HC-KAR NC: 2025:KHC:21494 CRL.P No. 8397 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8397 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: HAMANTH G C S/O CHIKKANNA AGED ABOUT 32 YEARS R/A GULAKAMALE VILLAGE, UTTARHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 560 082. …PETITIONER (BY SRI. RAKSHITH R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KAGGALIPURA PS REP BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001. 2. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPANNA AGRAHARA BANGALORE – 560 100. …RESPONDENTS (BY SRI. JAGADEESHA.B.N, ADDL.SPP FOR R-1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ARREST OF PETITIONER DATED 05.03.2024 AND REMAND ORDER DATED 05.03.2024 IN CR.NO.70/2024 OF KAGGALIPURA P.S., FOR OFFENCE P/US/ 302,34 OF IPC PENDING ON THE FILE OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE AT BENGALURU RURAL DISTRICT, BENGALURU IN S.C.NO.241/2024 AND CONSEQUENTLY DIRECT RESPONDENT NO.2 TO RELEASE THE PETITIONER FROM JUDICIAL CUSTODY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21494 CRL.P No. 8397 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief:- “To quash the arrest o Petitioner dated: 05.03.2024 and remand order dated: 05.03.2024 in Cr.No.70/2024 of Kaggalipura PS for offence punishable under 302, 34 of IPC pending on the file of VI Additional District and sessions Judge and Bengaluru Rural District, Bengaluru in SC No. 241/2024 and consequently direct Respondent No.2 to release the petitioner from judicial custody in the interest of justice.” 2. Heard learned counsel for the petitioner and learned Addl.SPP for respondents 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 - 3 - HC-KAR NC: 2025:KHC:21494 CRL.P No. 8397 of 2025 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 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. 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 05.03.2024 in S.C.No.241/2024 and consequential remand order dated - 4 - HC-KAR NC: 2025:KHC:21494 CRL.P No. 8397 of 2025 05.03.2024 passed by the VI Addl.District and Sessions Judge, Bangalore Rural District, Bangalore, in Crime No.70/2024 registered by the 1st respondent – Police, 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 ; 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 on Sunday - 5 - HC-KAR NC: 2025:KHC:21494 CRL.P No. 8397 of 2025 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 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 Srl.