- 1 - NC: 2025:KHC:15420 CRL.P No. 12104 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION No. 12104 OF 2024 BETWEEN: MOHAMMED JAFAR KHAN S/O MOHAMMED INTIYAZ KHAN AGED ABOUT 33 YEARS No. 24-59/1, LAXMINARAYANA NAGAR COLONY, IDA UPPAL, RANGARERDDY DISTRICT, RANGARERDDY ANDHRA PRADESH. …PETITIONER BY SRI MUZAFFAR AHMED, ADVOCATE) AND: THE STATE OF KARNATAKA BY CEN CRIME P.S., MYSURU CITY REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI K NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C PRAYING TO ENLARGE THIS PETITIONER ON BAIL WHO IS SHOWN AS ACCUSED No.2 IN CRIME No.29/2024 REGISTERED BY THE COMPLIANANT, CEN CRIME P.S., MYSURU CITY FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(c) OF NDPS ACT 1985 WHICH IS PENDING BEFORE THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU CITY IN SPL.C.No.398/2024 BY IMPOSING ANY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15420 CRL.P No. 12104 of 2024 CONDITIONS TO THE SATISFACTION OF THIS HON'BLE COURT AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No. 2 in Spl.C. No. 398/2024 pending before the Court of Principal District and Sessions Judge, Mysuru, arising out of crime No. 29/2024 registered by CEN Crime Police Station, Mysuru, for offences punishable under Section 20(b)(ii)(c) of NDPS Act, 1985 is before this Court under Section 439 of Cr.P.C. seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in crime No. 29/2024 was registered by the CEN Crime Police Station for the aforesaid offences against Rajib Maillick and the petitioner herein based on the first information dated 30.01.2024 received from Maruthi Antargatti, Police Officer attached to City Crime Branch, Mysuru. During the course of investigation petitioner herein was arrested on 30.01.2024 and subsequently remanded to judicial custody. His bail application filed - 3 - NC: 2025:KHC:15420 CRL.P No. 12104 of 2024 before the jurisdictional Magistrate was rejected on 10.09.2024. Therefore, he is before this Court. 4. Learned counsel for petitioner submits that the ground of arrest was not served on the petitioner at the time of his arrest and therefore, in view of the judgment of the Hon’ble Supreme Court in the case of T. Pankaj Bansal Vs. Union of India reported in (2024) 7 SCC 576, the petitioner is entitled for bail. 5. Per contra, learned HCGP who has opposed the petition does not dispute that ground of arrest was not served on the petitioner at the time of his arrest. 6. The Hon’ble Supreme Court in the case of Prabir Purkayastha Vs. State (NCT of Delhi) reported in (2024) 8 SCC 254 following its earlier judgment in the case of Pankaj Bansal supra, has held that requirement to communicate the grounds of arrest or the grounds of detention in writing to a person arrested in connection with an offence or a person placed under preventive detention as provided under Articles 22(1) and 22(5) of the Constitution is sacrosanct and cannot be breached - 4 - NC: 2025:KHC:15420 CRL.P No. 12104 of 2024 under any situation. Non-compliance of this constitutional requirement and statutory mandate would lead to the custody or the detention being rendered illegal. 7. In the instant case petitioner is in custody for more than 1 year 2 months. Learned HCGP has fairly submitted that grounds of arrest were not served on the petitioner at the time of his arrest. Under the circumstances, without going into merits or demerits of the case, petitioner’s prayer for grant of bail requires to be answered in the affirmative. 8. Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.29/2024 of CEN Crime Police Station registered for the offences punishable under Section 20(b)(ii)(c) of NCPS Act, 1985 subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties, out of which one shall be a local surety, for the likesum, to the satisfaction of the jurisdictional Court; - 5 - NC: 2025:KHC:15420 CRL.P No. 12104 of 2024 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE LRS List No.: 1 Sl No.: 59