- 1 - HC-KAR NC: 2026:KHC:19008 WP No. 9989 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9989 OF 2026 (GM-RES) BETWEEN: NANJUNDA S/O RAMESHAPPA, AGED ABOUT 33 YEARS, R/AT MARAVANJI VILLAGE, YAGATI HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT – 577 132. …PETITIONER (BY SRI PRATHEEP K.C., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANAVARA POLICE STATION, HASSAN REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 01. 2. MAMATHA C., S/O LAKKAPPA, AGED ABOUT 37 YEARS, R/AT DONANAKATTE VILLAGE, KONAKATTE HOBLI, ARSIKERE TALUK Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19008 WP No. 9989 of 2026 HASSAN – 573 201. …RESPONDENTS (BY SRI B.N.JAGADEESHA, ADD.SPP FOR R-1) THIS WP IS FILED UNDER ARTICES 226 AND 227 OF CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, PRAYING TO QUASHING THE IMPUGNED REMAND ORDER DATED 03.03.2026 VIDE ANNEXURE-A IN S.C NO. 155/2025 PASSED BY THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, HASSAN FOR THE OFFENCES PUNISHABLE U/S 103(1), 115(2), 118(1), 351(2)(3) R/W 3(5) OF BNS BY BANAVARA POLICE (ANNEXURE-A) IN SO FAR AS THE PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY; 2. ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT NO.1 RELEASE THE PETITIONER FORTHWITH IN S.C. NO. 155/2025 ON THE FILE OF PRINCIPAL DISTRICT AND SESSION'S JUDGE AT HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:19008 WP No. 9989 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question a remand order dated 03.03.2026, passed by the Principal District and Sessions Judge, Hassan, for the offences punishable under Sections 103(1), 115(2), 118(1), 351(2) and (3) r/w. 3(5) of BNS, in S.C.No.155/2025. 2. Heard Sri Pratheep K.C., learned counsel for petitioner and Sri B.N.Jagadeesha, leaned Additional State Public Prosecutor for respondent No.1. 3. The petitioner is before the Court on a very strange circumstance. The petitioner gets embroiled in a crime in Crime No.32/2025 for offence punishable under 103(1), 115(2), 118(1), 351(2) and (3) r/w. 3(5) of BNS. 4. On the ground that the petitioner has not been furnished the grounds of arrest, was set at liberty at the hands of the co-ordinate bench of this Court in terms of the order dated 10.02.2026, passed in Crl.P.No.16200/2025. The order of the co-ordinate bench is as follows: - 4 - HC-KAR NC: 2026:KHC:19008 WP No. 9989 of 2026 “Considering the above aspects the following: ORDER i) The petition is partly allowed. ii) The petitioner is set at liberty. However, the prosecution may move an application for remand/custody after supply of grounds of arrest in writing to the petitioner/accused No.2 before the trial Court. iii) The remand of the petitioner and accused No.1 has been sought by Circle Police Inspector, Arsikere Rural Circle, Arsikere. There has been lapse on the part of the CPI, Arsikere Rural Circle in not furnishing the grounds of arrest to the petitioner/accused No.2 and accused No.1 and non-complying Section 47 of BNSS, 2023 (Section 50 of Cr.P.C.). iv) Send a copy of this order by e-mail to the Superintendent of Police, Hassan with a copy to CPI, Arsikere Rural Circle, Arsikere. v) Send the records to Trial Court with copy of this order forthwith.” (Emphasis supplied) The co-ordinate bench observes that, in the event, the prosecution, after furnishing the grounds of arrest to the petitioner, can file an application seeking remand or custody of the petitioner. In terms of the impugned order, the concerned Court even before - 5 - HC-KAR NC: 2026:KHC:19008 WP No. 9989 of 2026 furnishing of the grounds of arrest to the petitioner, has again directed that the petitioner be taken into custody. 5. It is an admitted fact that the prosecution is yet to serve the grounds of arrest in terms of the order passed by the co-ordinate bench quoted supra. The concerned Court appears to have been in a mortal hurry to drag back the petitioner into the prison even without the prosecution complying with the order passed by afore-quoted order of the co-ordinate bench of this Court. 6. Therefore, on this sole circumstance that the order of the concerned Court on the face of it runs contrary to what the co-ordinate bench had observed, the petitioner is to be set at liberty only for the folly of the concerned Court to bring back the petitioner into the prison, even without compliance with the order passed by the co- ordinate bench. 7. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC:19008 WP No. 9989 of 2026 b. The impugned remand order dated 03.03.2026, passed by the Principal District and Sessions Judge, Hassan, stands quashed. c. The petitioner shall be set at liberty, forthwith, subject to the compliance by the order passed by the co-ordinate bench quoted supra. d. The prosecution is at liberty to move an application for remand/custody after furnishing the grounds of arrest in writing to the petitioner/accused No.2 before the trial Court. e. The Registry is directed to communicate this order to the Superintendent, Central Prison, Hassan, to release the petitioner from prison, forthwith. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 72