- 1 - HC-KAR NC: 2025:KHC:26807 CRL.P No. 8828 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8828 OF 2025 BETWEEN: SANJAY S/O JAYARAM AGED ABOUT 24 YEARS R/O NO.260, AVALAHALLI MAIN ROAD, NEAR CITY MEDICAL JAYAMMA-HANUMANTHAPPA LAYOUT RAMPURA, BANGALORE EAST BANGALORE - 560 049. …PETITIONER (BY SRI RAVIKUMARA B.R, ADV.) AND: STATE BY KORATAGERE POLICE STATION, REPRESENTED BY SPP HIGH COURT BUILDING - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL TO THIS PETITIONER IN CR.NO.110/2025, FOR THE OFFENCES P/U/S 310(2) OF BNS, 2023, PENDING BEFORE THE FILE OF CIVIL JUDGE AND JMFC COURT, KORATAGERE, TUMKUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26807 CRL.P No. 8828 of 2025 ORAL ORDER Accused No.8 in Crime No.110/2025 registered by Koratagere Police Station, Tumakuru District, for the offence punishable under Sections 310(2) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.110/2025 was registered by Koratagere Police Station, Tumakuru District for the aforesaid offence against unknown persons, based on the first information dated 27.05.2025 received from Sri Sundar S S/o Senthil Kumar. During the course of investigation, the petitioner herein was arrested on 30.05.2025 and subsequently remanded to judicial custody. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in - 3 - HC-KAR NC: 2025:KHC:26807 CRL.P No. 8828 of 2025 Crl.Misc.No.5152/2025 was dismissed on 19.06.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that, the petitioner was not served with the grounds of arrest by the police at the time of his arrest. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP who has opposed the petition, however, does not dispute that grounds of arrest has not been served on the petitioner in the present case. Accordingly, he prays to dismiss the petition. 7. The Hon'ble Supreme Court in the case of PANKAJ BANSAL VS UNION OF INDIA - (2024)7 SCC 576 and PRABIR PURKAYASTHA VS STATE (NCT OF DELHI) (2024)8 SCC 254, has held that service of grounds of arrest on the accused who is arrested is mandatory and failure to comply the said requirement would entitle the accused for bail. - 4 - HC-KAR NC: 2025:KHC:26807 CRL.P No. 8828 of 2025 8. The law laid down by the Hon'ble Supreme Court in the case of PANKAJ BANSAL (supra) and PRABIR PURKAYASTHA (supra) has been reiterated in the case of Vihaan Kumar VS State of Haryana and Another - 2025 SCC OnLine SC 269 by the Hon'ble Supreme Court and in the said case the Hon'ble Supreme Court has held that the grounds of arrest is not only required to be served on the accused who is arrested but the same is also required to be communicated to his friends and relatives. 9. In paragraph No.14 of the order passed in the case of Vihaan Kumar (supra) the Hon'ble Supreme Court has observed as follows: "Thus, the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. Article 22 is included in Part III of the Constitution under the heading of Fundamental Rights. Thus, it is the fundamental right of every person arrested and detained in custody to be informed of the grounds of arrest as soon as possible. If the grounds of arrest are - 5 - HC-KAR NC: 2025:KHC:26807 CRL.P No. 8828 of 2025 not informed as soon as may be after the arrest, it would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty. The reason is that, as provided in Article 21, no person can be deprived of his liberty except in accordance with the procedure established by law. The procedure established by law also includes what is provided in Article 22(1). Therefore, when a person is arrested without a warrant, and the grounds of arrest are not informed to him, as soon as may be, after the arrest, it will amount to a violation of his fundamental right guaranteed under Article 21 as well. In a given case, if the mandate of Article 22 is not followed while arresting a person or after arresting a person, it will also violate fundamental right to liberty guaranteed under Article 21, and the arrest will be rendered illegal. On the failure to comply with the requirement of informing grounds of arrest as soon as may be after the arrest, the arrest is vitiated. Once the arrest is held to be vitiated, the person arrested cannot remain in custody even for a second." 10. Learned HCGP has fairly submitted that grounds of arrest has not been served on the petitioner and therefore I am of the view that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 6 - HC-KAR NC: 2025:KHC:26807 CRL.P No. 8828 of 2025 11. Accordingly, the following: ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.110/2025 registered by Koratagere Police Station, Tumakuru District, for the offence punishable under Sections 310(2) of BNS, 2023, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 7 - HC-KAR NC: 2025:KHC:26807 CRL.P No. 8828 of 2025 d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS