Disposed¶27

Nagendra Prasad v. State of Karnataka

Karnataka HC4 Apr 2025CRL.P/1952/2025

Case brief

AI extract

What is this about?

Grounds of arrest not served at time of arrest; Article 22(1) Constitution violation; release from judicial custody order dated 18.2.2025 made absolute; quashing of FIR Crime No.18/2025 Bagalur Police Station; offences u/s 376(2)(n) and 417 IPC; petition under S.482 Cr.P.C / S.528 BNSS disposed with liberty to challenge charge sheet afresh; CRL.P No. 1952 of 2025; Karnataka High Court; Hemant Chandangoudar J; NC: 2025:KHC:14505.

What did the court decide?

Release order dated 18.2.2025 made absolute; liberty reserved to the petitioner to file a petition afresh challenging the charge sheet; pending I.As do not survive. ¶27

Nagendra Prasad Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:14505 CRL.P No. 1952 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 1952 OF 2025

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BETWEEN:

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NAGENDRA PRASAD S/O UG VENKATESH AGED ABOUT 29 YEARS R/O HULUGARU VILLAGE SHRUNGERE, KOPPA TALUK CHIKKAMAGLURU-577 120.

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…PETITIONER

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(BY SRI. SANDESH J. CHOUTA, SENIOR ADVOCATE FOR SRI. SHASHIDHARA M.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THROUGH SHO, BAGALUR POLICE STATION 4MRC + 25M, BAGALUR COLONY BEML LAYOUT, RAZACK PALYA BENGALURU-562 149 REPRESENTED BY PUBLIC PROSECUTOR.

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MS. SUSHMA KULAKARNI D/O JAGANNATHA KULAKARNI AGED ABOUT 28 YEARS R/AT NO.2/12/317, OLD KHB COLONY, COURT NEAR LINGASURU, RAICHUR-584 122.

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…RESPONDENTS

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(BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. PARASHURAM A.L., ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED IN CRIME

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NC: 2025:KHC:14505 CRL.P No. 1952 of 2025

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NO.18/2025 BY BAGLUR POLICE STATION, PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE AND JMFC DEVANAHALLI, BANGALORE RURAL, FOR THE OFFENCES P/U/S 376(2)(n) AND 417 OF THE IPC, 1860.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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In view of the order dated 18.2.2025, the petitioner was released from the judicial custody citing that the grounds of arrest was not served on the petitioner at the time of arrest, which is in violation of Article 22(1) of the Constitution of India.

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Perusal of the order indicated that the grounds of arrest was not served on the petitioner at the time of arrest. Therefore, the order dated 18.2.2025 releasing the petitioner from the judicial custody is made absolute.

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Accordingly, the petition is disposed of reserving liberty to the petitioner to file a petition afresh challenging the charge sheet.

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In view of the disposal of the petition, pending I.As, if any, do not survive for consideration.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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BKM

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List No.: 1 Sl No.: 126

Nagendra Prasad v. State of Karnataka

Case brief

What is this about?

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Nagendra Prasad v. State of Karnataka

Case brief

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