- 1 - HC-KAR NC: 2025:KHC:26537 CRL.P No. 2063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2063 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SHIABBUDAHIN K.A. S/O ABDUL KARIM, AGED ABOUT 37 YEARS, R/O 10TH CHANAGAMANADU VILLAGE DESAHM POST, ALUVA TALUK, MALAPPURAM DISTRICT, KERALA STATE. (NOW IN JUDICIAL CUSTODY DISTRICT PRISON, TUMKURU) …PETITIONER (BY SRI. MOHAMMED MUBARAK.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY KORA POLICE STATION, TUMAKURU DISTRICT - 572101 (REPRESENETD BY LEARNED SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560001) 2. MR. ANIL MAHADEV PATIL S/O MAHADEV PATIL, AGED 47 YEARS, R/AT NEAR GUGAI, MARIYAMAN TEMPLE, SALEM TOWN, TAMIL NADU. 3. SUPERINTENDENT DISTRICT PRISON, TUMKURU. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R1 & R3) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26537 CRL.P No. 2063 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO 1.QUASH THE ARREST OF PETITIONER EFFECTED ON 19.10.2024 AT 12.30 AM IN CR.NO.113/2024 OF KORA P.S. OF TUMAKUR DISTRICT AS ILLEGAL AND CONSEQUENTLY RELEASE HIM FORTHWITH FROM ILLEGAL CUSTODY OF DISTRICT PRISON TUMKUR. 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: 1) To quash the arrest of petitioner effected on 19-10- 2024 at 12-30 AM in Crime No.113/2024 of Kora Police Station of Tumkuru District as illegal and consequently release him forthwith from illegal custody of District Prison Tumkur. 2) To quash the order of Remand dated 19-10-2024 passed by Hon'ble VI Additional Civil Judge and JMFC, Tumkuru in Crime No.113/2024 of Kora Police Station, Tumkuru and consequently remand till date as per Annexme-B is consequently he may be released from Judicial Custody, District Prison, Tumkuru. 3) To quash the entire proceedings pending in C.C.234/2025 on the file of Hon'ble VI Additional Civil Judge and JMFC Tumkuru for offences under Sections 310(2), 346, 61(2)(a), 137(2) of BNS, which is arising out of Crime No.113/2024 of Kora Police Station, Tumkuru District as per Annexure - 'A', 'B', 'C' as an abuse of process of law. - 3 - HC-KAR NC: 2025:KHC:26537 CRL.P No. 2063 of 2025 4) To grant such other relief or reliefs as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the ends of justice.” 2. Heard learned counsel for the petitioner and learned Addl.SPP for the respondents – State and perused the material on record. 3. This Court vide order dated 17.02.2025, directed the respondents 1 and 3 to release the petitioner on interim bail on the ground that the arrest was vitiated for not disclosing the grounds of arrest, subject to certain terms and conditions. The reliefs sought for in this petition is also to quash the impugned arrest and remand order passed by the trial court on the same grounds. Since the petitioner has already been released from judicial custody, the said release order dated 17.02.2025 passed by this Court is made absolute and consequently, the impugned arrest and remand order both dated 19.10.2024 passed by the trial court in Crime No.113/2024 registered by the 1st respondent - Police are hereby quashed. However, the conditions imposed at the time release of the petitioner shall remain unaltered. Further, it is made clear that the proceedings in C.C.No.234/2025 pending on the file of VI - 4 - HC-KAR NC: 2025:KHC:26537 CRL.P No. 2063 of 2025 Addl.Civil Judge and JMFC, Tumakuru, shall continue as against the petitioner. 4. Subject to the aforesaid observations, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.