- 1 - NC: 2025:KHC:8897 WP No. 3117 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3117 OF 2025 (GM-RES) BETWEEN: 1. SMT. MUNIRATHNAMMA W/O MUNIRAJU AGED ABOUT 53 YEARS, R/AT NO.53, DODDAHAGADE, ANEKAL DODDAHAGADE BENGALURU – 562 106. 2. SMT. NAVYA M D/O MUNIRAJU AGED ABOUT 24 YEARS, R/AT 53 DODDAHAGADE BENGALURU – 562 106. …PETITIONERS (BY SRI. SHREERAM TIMMAPPA NAYAK, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ANEKAL P.S REP BY SPP, HIGH COURT BUILDING BANGALORE- 560 001. 2. SMT. MUNIRATHNAMMA W/O LATE RAMACHNADRAPPA, AGED ABOUT 45 YEARS, R/AT DODDAHAGADE VILLAGE, KASABA HOBLI, ANEKAL TALUK BENGALURU -560 096. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 528 OF BNSS, PRAYING TO DECLARE THE ARREST OF PETITIONERS AS ILLEGAL AND IN GROSS VIOLATION OF THE FUNDAMENTAL RIGHTS OF THE PETITIONER GUARANTEED UNDER ARTICLES 21 AND 22 OF THE CONSTITUTION OF INDIA IN CRIME NO. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:8897 WP No. 3117 of 2025 21/2025 REGISTERED BY THE ANEKAL P.S. FOR OFFENCE P/U/S103(1), 3(5) OF BNS. CONSEQUENTLY SET ASIDE THE IMPUGNED REMAND ORDER DATED 24.01.2025 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC AT ANEKAL VIDE ANNEXURE-C. 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, petitioners’ seek the following reliefs:- “a) Issue appropriate writ, order or direction and be pleased to declare the arrest of petitioners as illegal and in gross violation of the fundamental rights of the petitioners guaranteed under Articles 21 and 22 of the Constitution of India in Crime No.21/2025 registered by the Anekal P.S. for offence p/u/s 103(1), 3(5) of BNS. Consequently set aside the impugned Remand Order dated 24.01.2025 passed by the learned Prl. Civil Judge and JMFC at Anekal vide Annexure-C. b) Pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case in the ends of justice.” 2. Heard learned counsel for the petitioners and learned HCGP for 1st respondent-State and perused the material on record. For the order proposed, notice to 2nd respondent is dispensed with. - 3 - NC: 2025:KHC:8897 WP No. 3117 of 2025 3. A perusal of the material on record will indicate that pursuant to a complaint lodged by respondent No.2 – complainant against the petitioners inter alia alleging that the petitioners were guilty of offences punishable under Sections 103(1) and 3(5) of BNS, 2023, the respondent No.1 – Police registered an FIR in Crime No.21/2025 against the petitioners on 22.01.2025, pursuant to which, the petitioners – accused Nos. 1 and 2 were arrested on 24.01.2025 at 11.30 a.m. without communicating, furnishing or intimating the grounds of arrest to the petitioners. Under these circumstances, the petitioners approached this Court in the present petition and an interim order dated 05.02.2025 was passed by this Court as hereunder: “Heard learned counsel for the petitioners and learned Addl. SPP for the State and perused the material on record. 2. In this petition, petitioners seek declaration that their arrest by the 1st respondent – Police on 24.01.2025 was illegal and consequently, set aside the impugned remand order dated 24.01.2025 at Annexure-C in Crime No.21/2025 registered by the 1st respondent – police for the offences punishable under Section 103(1) r/w 3(5) of the BNS, 2023, pending on the file of Prl.Civil Judge and JMFC, Anekal. - 4 - NC: 2025:KHC:8897 WP No. 3117 of 2025 3. By way of an interim prayer, petitioners seek directions to the 1st respondent - State to release them on interim bail and for other reliefs. 4. Apart from urging other contentions, learned counsel for the petitioners submitted that the grounds of arrest of the petitioners had not been communicated, informed or furnished to the petitioners at the time of their arrest and consequently, the impugned arrest of the petitioners and the impugned order of remand are contrary to the judgments of the Apex Court in the case of Pankaj Bansal vs. Union of India – (2024) 7 SCC 576 and Prabir Purkayastha vs. State (NCT of Delhi) – (2024) 8 SCC 254, inasmuch as the reasons for arrest and the grounds of arrest had not been intimated, informed or communicated to the petitioners in writing, much less, explained to them in accordance with the principles laid down in the aforesaid judgments and consequently, the impugned arrest and the impugned remand order deserve to be quashed and the petitioners are entitled to be released on interim bail immediately without any further delay. 5. Per contra, learned Addl.SPP for the 1st respondent - State would oppose the submissions made by the petitioners and contended that there is no merit in the petition and that the same is liable to be dismissed. 6. A perusal of the material on record, in particular the impugned arrest of the petitioners and the impugned remand order would prima-facie indicate that the same are contrary to Articles 21, 22(1) and 22(5) of the Constitution of India and Section 50 of the Cr.P.C., as well as the principles - 5 - NC: 2025:KHC:8897 WP No. 3117 of 2025 laid down by the Apex Court in the aforesaid judgments coupled with the fact that the grounds of arrest were not intimated, furnished or communicated to the petitioners as required in law and as such, by way of an interim arrangement and without prejudice to the rights and contentions of the parties and in the light of the judgment of the Apex Court in the case of Arnab Manoranjan Goswami vs. State of Maharastra & others – (2021) 2 SCC 427, I deem it just and appropriate to direct the 1st respondent-State and the concerned Jail authorities to release the petitioners on interim bail for a period of three weeks from today, subject to the following conditions: a) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; b) The petitioners shall co-operate with the investigation. c) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the trial court within a period of two weeks from today. 7. The 1st respondent - State is directed to release the petitioners forthwith without any delay and immediately upon a receipt of a copy of this order. 8. Registry is directed to communicate this order to the concerned Jail Authorities forthwith without any delay both electronically and telephonically. - 6 - NC: 2025:KHC:8897 WP No. 3117 of 2025 Issue emergent notice to respondent No.2 returnable by 25.02.2025. Liberty is reserved in favour of respondents to seek vacation / modification of this order. Re-list on 25.02.2025. Hand delivery of this order is permitted.” 4. As already noticed by this Court in the aforesaid interim order, the respondent No.1 – Police Authorities had illegally arrested the petitioners – accused persons without communicating, intimating or informing the grounds of arrest as mandatorily required under Article 22(1) of the Constitution of India as held by the Apex Court in the following judgments: i. Vihaan Kumar Vs. State of Haryana and Another - 2025 INSC 162; ii. Pankaj Bansal Vs. Union of India - (2024) 7 SCC 576; iii. Prabir Purkayastha Vs. State (NCT of Delhi) - (2024) 8 SCC 254. 5. In view of the aforesaid facts and circumstances and a perusal of the material on record which indicates that the Grounds of Arrest had not been furnished, communicated or intimated to the petitioners at the time of their arrest, I am of the view that the arrest - 7 - NC: 2025:KHC:8897 WP No. 3117 of 2025 of the petitioners and their consequent remand deserve to be quashed. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned remand order dated 24.01.2025 vide Annexure-C in Crime No.21/2025 pending on the file of the Prl. Civil Judge and JMFC, Anekal, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS/SRL List No.: 3 Sl No.: 105