- 1 - HC-KAR NC: 2025:KHC:23520 CRL.P No. 9058 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. 9058 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MELODY VANAZUIL D/O SRIRAM AGED ABOUT 22 YEARS R/AT NO. 9/1, 4TH CROSS, CHANDRASHEKAR LAYOUT, VIJINAPURA, R M NAGAR, BENGALURU. …PETITIONER (BY SRI. BASAVARAJU.T.A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMAMURTHYNAGAR POLICE STATION BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, PUBLIC PROSECUTOR OFFICE HIGH COURT BUILDING HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI AT BANGALURU – 560 001. 2. LALRAMNGAKI W/O ROSIAMNGHETA AGED ABOUT 29 YEARS, R/AT NO. 33/31, BALAJINAGAR S.G.PALYA HOSURU, BENGALURU CITY – 560 029. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON AND CORRECTIONAL SERVICE, PARAPPANA AGRAHARA ELECTRONIC CITY POST BENGALURU – 560 100. …RESPONDENTS (BY SRI.B.N. JAGADEESHA, ADDL.SPP FOR R-1 R-2 NOTICE DISPENSED WITH) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23520 CRL.P No. 9058 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ARREST AND REMAND ORDER DATED 25.03.2024 PASSED BY LEARNED ADDL.CITY CIVIL AND SESSIONS JUDGE FTSC-III AT BENGALURU IN CR.NO.177/2024 OF RAMAMURTHY NAGAR P.S. BENGALURU CITY FOR AN OFFENCE P/U/S 370 OF IPC AND SEC.7,8 AND 15 OF POCSO ACT AND SEC.3,4,5 OF I.T.P ACT AND WHICH IS PENDING ON THE FILE OF HONBLE ADDL.CITY CIVIL AND SESSIONS JUDGE FTSC-1 BENGALURU CITY IN SPL.C.C.NO.912/2024 CONSEQUENTLY RELEASE THE PETITIONER ON BAIL FORTHWITH. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ Wherefore, the petitioners most humbly prays that this Hon’ble Court may pleased to quash the Arrest and Remand order dated: 25.03.2024 passed by Learned Addl. City Civil and Sessions Judge, FTSC-III, At Bengaluru in Crime No.177/2024 of Ramamurthynagar Police Station, Bangalore City, for an offence under Section 370 of IPC and Section 7,8 and 15 of POCSO Act. And Section 3, 4, 5 of I.T.P Act, and which is pending on the file of Hon’ble Additional City civil and Sessions Judge F.T.S.C-1, Bengaluru City in Spl.C.C.No.912/2024, consequently release the petitioner on bail forthwith, in the ends of justice.” 2. Heard learned counsel for the petitioner and learned Addl.SPP for respondent Nos.1 and 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:23520 CRL.P No. 9058 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 her 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 the concerned respondents be directed to release the petitioner on bail. It is further submitted that the co-accused – Prasanjith Sarkar and Prashath Debsharma, who are accused Nos. 1 and 2 in the very same crime number were released on bail by this Court in Crl.P. No.6966/2025 dated 09.06.2025 and on this score also, the petitioner may be released on bail. 4. Learned Addl. SPP for respondents 1 and 3 submits that the grounds of arrest were not furnished / communicated to the - 4 - HC-KAR NC: 2025:KHC:23520 CRL.P No. 9058 of 2025 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 her relatives, friends etc., as required in law and in the light of the principles enunciated in the aforesaid judgments and in view of accused Nos. 1 and 2 being released on bail in the aforesaid case, by applying the doctrine of parity, 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 25.03.2024 in Crime No.177/2024 and consequential remand order dated 25.03.2024 passed by the Addl. City and Civil and Sessions Judge, FTSC-1, Bangalore, are hereby quashed. (iii) The 1st respondent-Police as well as the 3rd respondent - Jail Authorities are directed to release the petitioner - 5 - HC-KAR NC: 2025:KHC:23520 CRL.P No. 9058 of 2025 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 her release. f) The petitioner shall produce her address / identity proof before the Jail authorities at the time of her release. g) The petitioner shall mark her 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, - 6 - HC-KAR NC: 2025:KHC:23520 CRL.P No. 9058 of 2025 in the event she violates any of the terms and conditions mentioned above. Registry is directed to communicate this order to the 1st respondent-Police 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 Srl.