- 1 - HC-KAR NC: 2025:KHC:28026 WP No. 22023 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.22023 OF 2025 (GM-RES) BETWEEN: 1. MR. SHAHABAZ KHAN @ HAVALLA S/O JAMSHIDH KHAN, AGED ABOUT 25 YEARS, R/AT SHIVAJI ROAD, LASHKAR MOHALLA SHIVAMOGGA – 577 201. 2. MR. ARIYAN KHAN @ ARYAN @ NOORULLA KHAN S/O NUSARAKKHEN, AGED ABOUT 23 YEARS, R/AT SHIVAJI ROAD, LASHKAR MOHALLA, SHIVAMOGGA – 577 201. 3. MR. MOHAMMED SUHAIL @ SHATTAR S/O ABDUL BASHEER, AGED ABOUT 21 YEARS, R/AT MEHARAJ MASID GALLI, OPPOSITE BISMILLA CHIKKEN COMPLEX, LASHKAR MOHALLA, SHIVAMOGGA – 577 201. …PETITIONERS (BY SRI. HASMATH PASHA, SENIOR COUNSEL APPEARING FOR SRI. KARIAPPA.N.A, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KOTE POLICE STATION, SHIVAMOGGA TOWN – 577 201. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28026 WP No. 22023 of 2025 2. CHIEF SUPERINTENDENT, CENTRAL JALL, UDUPI – 577 201. (R-1 & R-2 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. K. NAGESHWARAPPA, HCGP FOR R-1 & R-2; R-3 IS D/W) THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ARREST DATED 12.5.2024 AND 22.05.2024 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 AS PER ANNEXURE-B, IN SO FAR AS PETITIONERS ARE CONCERNED 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, petitioners seek the following reliefs:- “(i) To quash the arrest dated 12.05.2024 and 22.05.2024 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 as per Annexure-B, in so far as petitioners are concerned, - 3 - HC-KAR NC: 2025:KHC:28026 WP No. 22023 of 2025 (ii) To quash the order of remand dated 12.5.2024 in respect of petitioner Nos.1 and 2 and remand order dated 22.05.2024 of petitioner No.3 passed by Hon'ble Senior Civil Judge & 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 C1 and C2 Consequently direct the respondent No.2 to release the petitioners forthwith. (iii) To quash the Charge sheet and order of Cognizance dated 07.08.2024 passed in Crime No.75/2024 of Kote Police station, Shivamogga which is pending on the file of Hon'ble Senior Civil Judge & CJM, Shivamogga as per Annexure A, B & D as illegal and abuse of process of law in so far as petitioner concerned. (iv) To quash the entire proceedings pending in SC No.170/2024 on the file of 1st Additional District and Sessions Judge, Shivamogga which is arising out of Crime No.75/2024 of Kote Police Station, Sivamogga as abuse of process of law and consequently to release them from judicial custody with a direction to respondent No.2, as per Annexure-'E' in so far as petitioner concerned. (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 counsel for the petitioners and learned HCGP for respondent Nos.1 and 2 and perused the material on - 4 - HC-KAR NC: 2025:KHC:28026 WP No. 22023 of 2025 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 petitioners 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 petitioners or to their 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 petitioners to the judicial custody be quashed and concerned respondents be directed to release the petitioners on bail. It is further submitted that the co-accused namely Rizwan Pasha @ Meeju and Azaruddin @ Azar, who is accused Nos.9 and 10 in the very same crime number were released on bail by this Court in W.P.No.12533/2025 dated 29.04.2025 and on this score also, the petitioners may be released on bail. - 5 - HC-KAR NC: 2025:KHC:28026 WP No. 22023 of 2025 4. Learned HCGP for respondent Nos.1 and 2 submits that grounds of arrest were not furnished / communicated to the petitioners 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 petitioners and / or to their relatives, friends etc., as required in law and in the light of the principles enunciated in the aforesaid judgments and in view of accused Nos.9 and 10 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 petitioners are 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 petitioners on 12.05.2024 and 22.05.2024 in Crime No.75/2024 registered by respondent No.1-Police and consequential remand order dated 12.05.2024 and - 6 - HC-KAR NC: 2025:KHC:28026 WP No. 22023 of 2025 22.05.2025 passed by the Senior Civil Judge & CJM, Shivamogga, are hereby quashed. (iii) The 1st respondent – Police as well as the 2nd respondent – Jail Authorities are directed to release the petitioners on bail forthwith and immediately upon receipt of a copy of this order, subject to the following conditions: a) The petitioners shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ; b) The petitioners shall not involve in similar offences in future; c) The petitioners shall co-operate with the investigation; d) The petitioners shall not leave the jurisdiction of this Court without prior permission of the Court; e) Each of the petitioners 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 their release. f) The petitioners shall produce their address / identity proof before the Jail authorities at the time of their release. - 7 - HC-KAR NC: 2025:KHC:28026 WP No. 22023 of 2025 g) The petitioners 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 petitioners including cancellation of bail, in the event they violate any of the terms and conditions mentioned above. 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 SV List No.: 5 Sl No.: 27