Disposed¶41

Shiabbudahin K.A. v. State of Karnataka

Karnataka HC16 Jul 2025CRL.P/2063/2025

Case brief

AI extract

What is this about?

Quashing of arrest; non-disclosure of grounds of arrest; arrest vitiated; interim bail made absolute; remand order quashed; Crime No.113/2024 Kora Police Station Tumakuru; C.C.234/2025; offences under Ss.310(2), 346, 61(2)(a), 137(2) BNS; S.482 Cr.PC; S.528 BNSS; judicial custody District Prison Tumkuru; Karnataka High Court; S.R. Krishna Kumar, J.; petition disposed.

What did the court decide?

Interim release order dated 17.02.2025 made absolute; impugned arrest and remand order both dated 19.10.2024 quashed; conditions of release left unaltered; proceedings in C.C.234/2025 permitted to continue against the petitioner. ¶41

Shiabbudahin K.A. Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the arrest of the petitioner effected on 19.10.2024 at 12.30 AM in Crime No.113/2024 of Kora Police Station, Tumakuru District, was illegal, having been vitiated for non-disclosure of the grounds of arrest, and whether the petitioner was entitled to release from judicial custody. +1 more

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Court's answer

Since the petitioner had already been released from judicial custody pursuant to this Court's interim order dated 17.02.2025, the said release order was made absolute.

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Ratio / Principle

The arrest of the petitioner, effected on 19.10.2024, stood vitiated for non-disclosure of the grounds of arrest; consequently, the impugned arrest and the remand order, both dated 19.10.2024, passed by the trial court in Crime No.113/2024 registered by the 1st respondent-Police were quashed.

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Key takeaways

The conditions imposed at the time of release of the petitioner shall remain unaltered.ratio¶34
It was made clear that the proceedings in C.C.No.234/2025 pending on the file of the VI Addl. Civil Judge and JMFC, Tumakuru, shall continue as against the petitioner notwithstanding the quashing of the arrest and remand order.ratio¶34

Detailed headnote1 paragraphs

Criminal Petition under S.482 Cr.PC (filed under S.528 BNSS) by Shiabbudahin K.A. seeking quashing of his arrest effected on 19.10.2024 at 12.30 AM in Crime No.113/2024 of Kora Police Station, Tumakuru District, the remand order dated 19.10.2024 of the VI Additional Civil Judge and JMFC, Tumkuru, and the proceedings in C.C.234/2025 (offences under Ss.310(2), 346, 61(2)(a), 137(2) BNS). By order dated 17.02.2025 the Court had directed respondents 1 and 3 to release the petitioner on interim bail, holding the arrest vitiated for non-disclosure of grounds of arrest. As the petitioner had already been released from judicial custody, the release order was made absolute; the arrest and remand order dated 19.10.2024 were quashed; the conditions of release remained unaltered; and C.C.234/2025 was permitted to continue against the petitioner. Petition disposed of. (S.R. Krishna Kumar, J.)

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NC: 2025:KHC:26537 CRL.P No. 2063 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2063 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SHIABBUDAHIN K.A. S/O ABDUL KARIM, AGED ABOUT 37 YEARS, R/O 10^TH CHANAGAMANADU VILLAGE DESAHM POST, ALUVA TALUK, MALAPPURAM DISTRICT, KERALA STATE. (NOW IN JUDICIAL CUSTODY DISTRICT PRISON, TUMKURU)

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…PETITIONER

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(BY SRI. MOHAMMED MUBARAK.,ADVOCATE) AND:

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STATE OF KARNATAKA BY KORA POLICE STATION, TUMAKURU DISTRICT - 572101

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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(REPRESENETD BY LEARNED SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560001)

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MR. ANIL MAHADEV PATIL S/O MAHADEV PATIL, AGED 47 YEARS, R/AT NEAR GUGAI, MARIYAMAN TEMPLE, SALEM TOWN, TAMIL NADU.

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SUPERINTENDENT DISTRICT PRISON, TUMKURU.

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…RESPONDENTS

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(BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R1 & R3)

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NC: 2025:KHC:26537 CRL.P No. 2063 of 2025

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HC-KAR

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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.

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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 S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks for the following reliefs:

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1) To quash the arrest of petitioner effected on 19-102024 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.

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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.

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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.

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NC: 2025:KHC:26537 CRL.P No. 2063 of 2025

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HC-KAR

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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.”

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Heard learned counsel for the petitioner and learned Addl.SPP for the respondents – State and perused the material on record.

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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 1^st 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

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NC: 2025:KHC:26537 CRL.P No. 2063 of 2025

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HC-KAR

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Addl.Civil Judge and JMFC, Tumakuru, shall continue as against

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the petitioner.

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