- 1 - HC-KAR NC: 2025:KHC:28794 WP No. 22509 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22509 OF 2025 (GM-RES) BETWEEN: SHAKIB S/O. SALEEM SHARIF, AGED ABOUT 29 YEARS, R/AT MAIN ROAD, LASHKAR MOHALLA, SHIVAMOGGA – 577 201. (NOW IS IN JUDICIAL CUSTODY SHIVAMOGGA) …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE FOR SRI. KARIAPPA N. A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KOTE POLICE STATION, SHIVAMOGGA TOWN – 577 201. 2. CHIEF SUPERINTENDENT CENTRAL JAIL, UDUPI – 577 202. (R1 & R2 ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR/ GOVERNMENT ADVOCATE, HIGH COURT OF KARNATAKA, BANGALORE – 560 001) 3. SMT. SHAFINAAZ W/O. VAZEER KHAN, AGED ABOUT 40 YEARS, R/AT NO. J. P. NAGAR, 2ND CROSS, NEAR NETHAJI CIRCLE, SHIVAMOGGA TOWN – 577 201. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 & R2; NOTICE TO R3 IS DISPENSED WITH ON 25.07.2025) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28794 WP No. 22509 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA AND UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE ARREST DATED 31.10.2024 IN CRIME NO.75/2024 OF KOTE POLICE STATION, SIVAMOGGA AND CONSEQUENTLY DIRECT RESPONDENT NO.2 TO RELEASE THEM FORTHWITH BECAUSE OF ILLEGAL ARREST AND DETENTION AND ETC. 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:- “i) To quash the arrest dated 31.10.2024 in Crime No.75/2024 of Kote Police Station, Shivamogga and consequently direct respondent No.2 to release them forthwith because of illegal arrest and detention. ii) To quash the order of remand dated 31.10.2024 passed by Hon’ble Principal Senior Civil Judge and CJM, Shivamogga in Crime No.75/2024 of Kote Police Station, Shivamogga as illegal and abuse of process of law as per Annexure-A, B and C and consequently, direct the respondent No.2 to release the petitioners forthwith. iii) To Quash the charge sheet and order of Cognizance dated 14.02.2025 passed in Crime No.75/2024 of Kote Police Station, Shivamogga which is pending on the file of Hon’ble Principal Senior Civil Judge and CJM, Shivamogga as per Annexure-A, B and C as illegal and abuse of Process of Law. - 3 - HC-KAR NC: 2025:KHC:28794 WP No. 22509 of 2025 iv) To Quash the Entire Proceedings pending in SC No.32/2024 on the file of I Additional District and Sessions Judge, Shivamogga, which is arising out of Crime No.75/2024 of Kote Police Station, Shivamogga as abuse of process of Law and consequently to release them from Judicial custody with a direction to respondent No.2, and v) To grant such other relief or reliefs as this Hon’ble Court deems fit to grant, in the facts and circumstances of the case, in the ends of justice.” 2. Heard learned Senior Counsel for the petitioner and learned HCGP for respondent Nos.1 and 2 and perused the material on record. For the order proposed, notice to respondent No.3 is dispensed with. 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 his relatives and in the light of the decisions of the Apex Court in the cases of Pankaj Bansal Vs. Union of India - 4 - HC-KAR NC: 2025:KHC:28794 WP No. 22509 of 2025 – (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 Rizwan Pasha, Azarduddin, Shahabaz Khan, Ariyan Khan and Mohammed Suhail who are accused Nos.9, 10, 7, 8 and 17 in the very same crime number was released on bail by this Court in W.P.No.12533/2025 dated 29.04.2025 and W.P.No.22023/2025 dated 23.07.2025 and on this score also, the petitioner-accused No.15 may be released on bail. 4. Learned HCGP for respondent Nos.1 and 2 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. 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 - 5 - HC-KAR NC: 2025:KHC:28794 WP No. 22509 of 2025 aforesaid judgments and in view of accused Nos.9, 10, 7, 8 and 17 being released on bail 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 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 31.10.2024 in Crime No.75/2024 registered by respondent No.1 Police and consequential remand order dated 31.10.2024 passed by the Principal Senior Civil Judge and CJM, Shivamogga, are hereby quashed. (iii) The 1st respondent - Police as well as the 2nd respondent - Jail Authorities are directed to release the petitioner on bail forthwith and immediately upon a 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 ; - 6 - HC-KAR NC: 2025:KHC:28794 WP No. 22509 of 2025 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. - 7 - HC-KAR NC: 2025:KHC:28794 WP No. 22509 of 2025 Registry is directed to communicate this order to the 1st respondent - Police as well as the 2nd 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 MDS List No.: 4 Sl No.: 15