- 1 - HC-KAR NC: 2025:KHC:23521 CRL.P No. 8541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8541 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. YOGANANDA @ YOGA @ ANANDA @ DHADIYA @ UPENDRA S/O KRISHNEGOWDA, AGED ABOUT 34 YEARS, RESIDENT OF MARASINGANAHALLI VILLAGE, HOSAKERE HALLI POST, KOPPA HOBLI, MADDURU TALUK, MANDYA DISTRICT. 2. ABISHEK @ BYATARAYANAPURA ABHI, S/O RAVIKUMAR, AGED ABOUT 30 YEARS, R/O CARE OF JAGADISH, NO. 69/1, 1ST MAIN, 3RD CROSS, BYAARAYNAPURA VILLAGE, MYSURU ROAD, BENGALURU – 560 002. …PETITIONERS (BY SRI. A.N. RADHA KRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ALANAHALLY POLICE, DEVARAJA SUB-DIVISION, MYSURU – 570 001. 2. THE CHIEF SUPERINTENDENT, CENTRAL PRISON - MYSURU MYSURU DISTRICT - 570 002 R-1 & R-2 ARE REPRESENTED BY THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23521 CRL.P No. 8541 of 2025 STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU – 560 001. 3. M.N. GIRISH S/O NAGASHETTY, AGED ABOUT 44 YEARS R/AT – 1615, 2ND STAGE POLICE LAYOUT SVP NAGAR, MYRUSU – 570 002. …RESPONDENTS (BY SRI.B.N. JAGADEESHA, ADDL.SPP FOR R-1 &R-2 R-2 DISPENSED WITH) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED REMAND ORDERS DATED 2303.2025 AND 27.03.2025 IN RESPECT OF THE PETITIONERS/ACCUSED NOS.1 AND 2 ON THE FILE OF THE LEARNED III JMFC, COURT, MYSURU, IN CRL.NO.23/2025 OF ALANAHALLY POLICE, MYSURU CONSEQUENTLY, DIRECT THE CHIEF SUPERINTENDENT, CENTRAL PRISON, MYSURU TO RELEASE THE PETITIONERS/ACCUSED NOS.1 AND 2 FOR OFFENCES P/U/S. 309(6) AND 329(4) OF BNS, NOW PENDING ON THE FILE OF THE LEARNED III JMFC, COURT, MYSURU. 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, petitioners seek for the following reliefs:- “ WHEREFORE, the petitioners humbly pray that this Hon’ble court may be pleased to set aside the impugned Remand Orders dated: 23/03/2025 and 27/03/2025 in respect of the petitioners/Accused Nos. 1 and 2, on the file of the Learned III J.M.F.C, Court Mysuru, in Cri.No.23/2025 of Alanahally Police, Mysuru, Consequently, direct the Chief Superintendent, Central Prison , Mysuru to release the Petitioner/s Accused Nos. 1 and 2, for offences punishable - 3 - HC-KAR NC: 2025:KHC:23521 CRL.P No. 8541 of 2025 under Section 309(6) and 329(4) of BNS, now pending on the file of the Learned III J.M.F.C, Court, Mysuru, in the interest of justice.” 2. Heard learned counsel for the petitioners and learned Addl.SPP for respondent Nos.1 and 2 and perused the material on record. For the order proposed, notice to respondent No.3 is dispensed with. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioners 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 petitioners or to their 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 petitioners to the judicial custody be quashed and concerned respondents be directed to release the petitioner on bail. It is - 4 - HC-KAR NC: 2025:KHC:23521 CRL.P No. 8541 of 2025 further submitted that the co-accused namely Sri.Akash, who is accused No.4 in the very same crime number was released on bail by this Court in Crl.P. No. 8025/2025 dated 19.06.2025 and on this score also, the petitioners may be released on bail. 4. Learned Addl. SPP for respondents 1 and 2 submits that grounds of arrest were not furnished / communicated to the petitioners 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 petitioners and / or to their relatives, friends etc., as required in law and in the light of the principles enunciated in the aforesaid judgments and in view of accused No.4 being released on bail in aforesaid case, by applying the doctrine of parity, I am of the view that the petition deserves to be allowed and petitioners are entitled to be released on bail by imposing certain conditions. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. - 5 - HC-KAR NC: 2025:KHC:23521 CRL.P No. 8541 of 2025 (ii) The impugned arrest of the petitioners on 27.03.2025 and 23.03.2025 respectively in Crime No.23/2025 and consequential remand orders dated 27.03.2025 and 23.03.2025 passed by the III JMFC Court, Mysuru, are hereby quashed. (iii) The 1st respondent - Police as well as the 2nd respondent - Jail Authorities are directed to release the petitioners on bail forthwith and immediately upon a receipt of a copy of this order, subject to the following conditions: a) The petitioners shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ; b) The petitioners shall not involve in similar offences in future; c) The petitioners shall co-operate with the investigation; d) The petitioners shall not leave the jurisdiction of this Court without the prior permission of the Court; e) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- with one surety each for the likesum to the satisfaction of the Trial Court within a period of two weeks from the date of their release. - 6 - HC-KAR NC: 2025:KHC:23521 CRL.P No. 8541 of 2025 f) The petitioners shall produce their address / identity proof before the Jail authorities at the time of their release. g) The petitioners shall mark their 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 petitioners including cancellation of bail, in the event they violate any of the terms and conditions mentioned above. Registry is directed to communicate this order to the 1st respondent - Police 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.