- 1 - HC-KAR NC: 2025:KHC:26537 CRL.P No. 3163 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. 3163 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. RANJITH. R S/O LATE RAVINDRAN, AGED ABOUT 31 YEARS, HINDU EZHAVA CASTE, LABOUR, R/O RAMYA BHAVANAM HOUSE, MUTHUKULAM NORTH, CHOOLATHERVU POST, KARTHIKPALLY TALUK, ALAPPUZHA DISTRICT, KERALA STATE - 690 506. 2. NISHAD V S S/O SOHAN, AGED ABOUT 32 YEARS, HINDU EZHAVA CASTE, LABOUR, R/O MAMMANDIRM HOUSE, RAMPURA AREA, KEERIKKAD VILLAGE, KEERIKKAD POST, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, KERALA STATE – 690 508. 3. SUJITH P S S/O SUBRAMANYAN P C, AGED ABOUT 30 YEARS, AK BY CASTE, PAINTING WORK, R/O PANCHAMPALLY HOUSE, CHANTRAPPINNI VILLAGE AND POST, KODUNGAWNUR TALUK, TRISSUR DISTRICT, KERALA STATE – 680 664. 4. SRIKANTH S S/O SUDHAKAR, AGED ABOUT 31 YEARS, HINDU SC CASTE, DRIVER, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26537 CRL.P No. 3163 of 2025 R/O CHIRAYIL HOUSE, PATHIYOOR VILLAGE, KEERIKKAD POST, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, P KERALA STATE - 690 506. (NOW ALL ARE IN JUDICIAL CUSTODY DISTRICT PRISON, TUMKURU) …PETITIONERS (BY SRI. KARIAPPA N A.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BY KORA POLICE STATION, TUMAKURU DISTRICT -572 101. (REPRESENTED BY LEARNED SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE – 560 001). 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 ) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ARREST OF PETITIONERS EFFECTED ON 19.10.2024 AND 24.10.2024 IN CR.NO.113/2024 OF KORA P.S.OF TUMAKURU DISTRICT AS ILLEGAL AND CONSEQUENTLY RELEASE THEM FORTHWITH FROM ILLEGAL CUSTODY OF DISTRICT PRISON TUMKUR. - 3 - HC-KAR NC: 2025:KHC:26537 CRL.P No. 3163 of 2025 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 have sought for the following reliefs: “ 1) To quash the arrest of petitioners effected on 19-10- 2024 and 24-10-2024 in Crime No.113/2024 of Kora Police Station of Tumkuru District as illegal and consequently release them forthwith from illegal custody of District Prison Tumkur. 2) To quash the order of Remand dated 19-10-2024 of Petitioner.No.3 and 25-10-2024 of petitioner Nos.1, 2 and 4 passed by Hon'ble VI Additional Civil Judge and JMFC, Tumkuru in Crime No.113/2024 of Kora Police Station, Tumkuru and consequently remand order as per ANNEXURE 'B' 'C' and 'D' till date, is illegal and consequently they may be released from Judicial Custody, District Prison, Tumkuru. 3) To quash the order of cognizance and issue of process dated 16-1-2025 passed in Crime No.113/2024 of Kora Police Station pending on the file of Hon'ble IV Additional Civil Judge and JMFC, Tumakuru as per Annexure-'B', as an abuse of process of law and - 4 - HC-KAR NC: 2025:KHC:26537 CRL.P No. 3163 of 2025 4) 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 137(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' and D as an abuse of process of law. 5) 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 petitioners and learned Addl.SPP for the respondents – State and perused the material on record. 3. This Court vide order dated 07.03.2025, directed the respondents 1 and 3 to release the petitioners 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 petitioners have already been released from judicial custody, the said release order dated 07.03.2025 passed by this Court is made absolute and consequently, the impugned arrest and remand orders dated 19.10.2024, 24.10.2024 and 25.10.2024 passed by - 5 - HC-KAR NC: 2025:KHC:26537 CRL.P No. 3163 of 2025 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 petitioners shall remain unaltered. Further, it is made clear that the proceedings in C.C.No.234/2025 pending on the file of VI Addl.Civil Judge and JMFC, Tumakuru, shall continue as against the petitioners. 4. Subject to the aforesaid observations, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.