- 1 - HC-KAR NC: 2025:KHC:23073 WP No. 16369 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 16369 OF 2025 (GM-RES) BETWEEN: SRI.M.T. MONAPPA VITTALA S/O. THIMMAIAH, AGED ABOUT 55 YEARS, R/ AT - KARIYAPPANA DODDI, ZANADU, BIDADI, RAMANAGARA, BENGALURU - 562 109. …PETITIONER (BY SRI. MADHU R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BIDADI PS, BANGALORE, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. BASAVARAJU S/O SHAMARAJU AGED ABOUT 33 YEARS, R AT NO.2078,1ST MAIN, 4TH CROSS, AK COLONY, GEDDALAHALLI, BENGALURU – 562 149. …RESPONDENTS (BY SRI. JAGADEESHA, ADDL.SPP FOR R-1) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITITON OF INDIA R/W SECTION 582 OF BNSS, PRAYING TO QUASH THE REMAND ORDER DATED 24.04.2025 AND 02.05.2025 PASSED VIDE ANNEXURE -C BY THE ADDITIONAL CIVIL JUDGE (SR. DN) AND CHIEF JUDICIAL MAGISTRATE AT RAMANAGARA DISTRICT AT RAMANAGARA IN CRIME NO. 96/2025 REGISTERED BY BIDADI PS. THIS PETITION, COMING ON FOR ORDERS, 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:23073 WP No. 16369 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “a) Issue a writ, order, or direction in the nature of certiorari quashing the Remand order dated 24.04.2025 and 02.05.2025 passed vide Annexure- C by the Additional Civil Judge (Sr.Dn.) and Chief Judicial Magistrate, at Ramanagara District, at Ramanagara, in Crime No.96/2025 registered by Bidadi PS; b) Pass such other orders as deemed fit by this Hon’ble Court in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned Addl.SPP for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with. 3. The petitioner, who was arrested on 21.04.2025 at 11.30 p.m., approached this Court in the first instance and sought for an interim order directing release of the petitioner and for other reliefs. - 3 - HC-KAR NC: 2025:KHC:23073 WP No. 16369 of 2025 4. On 11.06.2025, this Court passed the following interim order: “Heard learned counsel for the petitioner and learned Addl.SPP for the respondents and perused the material on record. 2. 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 requisition dated 21.04.2025 submitted by the police authorities to the District Hospital, Ramanagara, in order to contend that the police authorities themselves have stated that the petitioner was arrested on 21.04.2025 at 11.30 p.m. and subsequently, he was taken to District Hospital, Ramanagar for medical examination. In this context, it is pointed out that the contention of the learned Addl.SPP that the petitioner was arrested on 24.04.2025 is factually incorrect, inasmuch as he was actually arrested on 21.04.2025 at 11.30 p.m. as per the requisition of the Police Inspector, Bidadi Police Station, Ramanagara, himself addressed a communication to the District Hospital, Ramanagara, requesting medical examination to be conducted. It is also submitted that in pursuance of the aforesaid communication / requisition dated - 4 - HC-KAR NC: 2025:KHC:23073 WP No. 16369 of 2025 21.04.2025, the Medical Officer of the District Hospital, Ramanagara, conducted the medical examination of the petitioner and referred the petitioner to be shifted to Sri.Jayadeva Institute of Cardiovascular Sciences & Research, Bangalore, for further medical examination and as such, he was taken to the aforesaid Hospital on 22.04.2025. It was submitted that in view of the illegal arrest of the petitioner on 21.04.2025, he was constrained to approach this Court on 23.04.2025 in W.P.No.12558/2025, which was disposed of as having become infructuous vide order dated 26.04.2025. 2.1 It is therefore submitted that so long as grounds of arrest were not furnished / communicated to the petitioner at the time of his arrest at 11.30 p.m. on 21.04.2025, the impugned arrest deserves to be quashed and petitioner is entitled to be released on interim bail. 3. Learned Addl.SPP for the respondents – State would reiterate the various contentions urged in the statement of objections and submits that the petitioner was not arrested on 21.04.2025 but was actually arrested on 24.05.2025 and grounds of arrest and arrest memo were properly furnished to the petitioner. He therefore submits that there is no - 5 - HC-KAR NC: 2025:KHC:23073 WP No. 16369 of 2025 merit in the petition and that the same is liable to be dismissed. 4. A perusal of the material on record will indicate that prima-facie petitioner was arrested on 21.04.2025 and was taken to the District Hospital, Ramanagara, on 22.04.2025 and W.P.No.12558/2025 was filed before this Court on 23.04.2025 which was disposed of on 26.04.2025 as infructuous. The aforesaid sequence of events i.e., the communication / requisition dated 21.04.2025, petitioner’s medical records indicating that the petitioner was admitted to the District Hospital, Ramanagara, on 21.04.2025 and later on shifted to Sri.Jayadeva Institute of Cardiovascular Sciences & Research, Bangalore, on 22.04.2025 and preferred W.P.No.12558/2025 on 23.04.2025 which came to be disposed of as infructuous on 26.04.2025, are sufficient to come to the conclusion that prima-facie, the petitioner was arrested only on 21.04.2025 at 11.30 p.m., at which time, the grounds of arrest undisputedly were not furnished / communicated to him even as per the respondents who specifically contend that he was arrested on 24.04.2025 at 09 a.m. Under these circumstances, I am of the view that non-furnishing of grounds of arrest to the petitioner and/or to his relatives, friends etc., as required in law as held by the Apex - 6 - HC-KAR NC: 2025:KHC:23073 WP No. 16369 of 2025 Court in 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, which has been violated by the respondents. 5. 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 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 petitioner 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 petitioner on interim bail for a period of four weeks from today, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC:23073 WP No. 16369 of 2025 a) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; b) The petitioner shall co-operate with the investigation. c) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the trial court within a period of two weeks from the date of his release. 7. The 1st respondent – State and concerned Jail authorities are directed to release the petitioner 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. Issue emergent notice to respondent No.2 returnable by 30.06.2025. Issue court notice to Sri.G.K.Shankar Naik, Inspector of Police, Bidadi Police Station, Ramangara District, to be present before the Court on the next date of hearing. Re-list on 30.06.2025 at 2.30 p.m. - 8 - HC-KAR NC: 2025:KHC:23073 WP No. 16369 of 2025 Liberty is reserved in favour of respondents to seek vacation / modification of this order. Hand delivery of this order is permitted.” 5. In pursuance of the aforesaid order, the petitioner has been released from custody. As already stated in the aforesaid order, the petitioner was actually arrested on 21.04.2025 at 11.30 a.m., at which time, the grounds of arrest had not been furnished/communicated to him even as per the respondent themselves, who do not dispute the same and instead contend that the petitioner was arrested subsequently on 24.04.2025 at 9.00 a.m.; however, the material on record clearly establishes that the petitioner was arrested on 21.04.2025 without furnishing grounds of arrest and not on 24.04.2025 as contended by the respondents as already noticed in the aforesaid interim order. 6. Under these circumstances, I am of the view that the interim order dated 11.06.2025 deserves to be made absolute and the impugned arrest of petitioner and his consequential remand deserves to be quashed. 7. In the result, I pass the following: - 9 - HC-KAR NC: 2025:KHC:23073 WP No. 16369 of 2025 ORDER i) The petition is hereby allowed. ii) The interim order dated 11.06.2025 passed in the present petition is hereby made absolute. iii) The impugned arrest and remand of the petitioner in Crime No.96/2025 on the file of the Additional Civil Judge (Sr.Dn.) and Chief Judicial Magistrate, at Ramanagara District, at Ramanagara, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/MDS List No.: 5 Sl No.: 22