- 1 - HC-KAR NC: 2025:KHC:27723 CRL.P No. 6747 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6747 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: RADHA RAMAN SHARMA AGED ABOUT 26 YEARS S/O SHAMBHU DAYAL SHARMA R/A GIDOLI, MORINA DISTRICT MORENA MADHYA PRADESH …PETITIONER (BY SRI. VAIDYANATHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KODIGEHALLI PS REP BY SPP HIGH COURT OF KARNATAKA BANGALORE. 2. ANDARAM NO. 19/22, KAMADHENU BUILDING MUNISWAMAPPA COLONY LOTEGIIAHALLI, BENGALURU CITY 3. CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANNA AGRAHARA BANGALORE - 560068. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1 & R3) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING QUASH THE ARREST DATED 18.03.2024 IN CR.NO.107/2024 OF KODIGEHALLI P.S. FOR OFFENCE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27723 CRL.P No. 6747 of 2025 PUNISHABLE UNDER SECTION 25(1-A), 27(1) OF ARMS ACT 1959 AND SEC.394, 397, 398, 450, 459, 201, 120B, 400 OF IPC PENDING ON THE FILE OF LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE IN S.C.NO.831/2024 AND CONSEQUENTLY DIRECT RESPONDENT NO.3 RELEASE THE PETITIONERS FROM JUDICIAL CUSTODY. 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:- “The above named Petitioner humbly pray that this Hon'ble court be pleased to quash the arrest dated 18..03.2024 in Cr. No. 107/2024 of Kodigehalli PS for offence punishable under section 25 (1-a), 27(1) of Arms Act, 1959 and Section 394, 397, 398, 450, 459, 201, 120B, 400 of IPC pending on the file of LXIX Addl. City Civil and Sessions Judge in SC.831/2024 and consequently direct Respondent.No.3 release the petitioners from judicial custody in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and 3 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned - 3 - HC-KAR NC: 2025:KHC:27723 CRL.P No. 6747 of 2025 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 his 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 concerned respondents be directed to release the petitioner on bail. It is further submitted that the co-accused namely Sri Khana Sharma @ Khana Pandeeth, who is accused No.2 in the very same crime number was released from custody by this Court in Crl.P.No.7034/2025 dated 06.06.2025 and on this score also, the petitioner may be released from custody. 4. Learned HCGP for respondent Nos.1 and 3 submits that grounds of arrest were not furnished / communicated to the petitioner as required in law and necessary orders in the instant case may be passed. - 4 - HC-KAR NC: 2025:KHC:27723 CRL.P No. 6747 of 2025 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 his 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.2 being released from custody in 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 from custody 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 18.03.2024 in Crime No.107/2024 registered by respondent No.1 Police is hereby quashed. (iii) The 1st respondent - Police as well as the 3rd respondent - Jail Authorities are directed to release the petitioner forthwith and immediately upon a receipt of a copy of this order, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:27723 CRL.P No. 6747 of 2025 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) Each of 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 his release. f) The petitioner shall produce his address / identity proof before the Jail authorities at the time of his release. g) The petitioner 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 petitioner including cancellation of bail, in the event they violate any of the terms and conditions mentioned above. - 6 - HC-KAR NC: 2025:KHC:27723 CRL.P No. 6747 of 2025 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 BMC List No.: 11 Sl No.: 4