Majhar Anwar Khan Vs State of Karnataka

MR. NATARAJ K S/O LATE KRISHNEGOWDA AGED ABOUT 54 YEARS RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH T BLOCK, JAYANAGAR BENGALURU CITY-560 041 KARNATAKA.

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…RESPONDENTS

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(BY SRI. LAKSHMAN B., HCGP FOR R1;

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V/O DATED 11.03.2025 NOTICE TO R-2 IS DISPENSED WITH)

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2 - NC: 2025:KHC:10226 CRL.P No. 3229 of 2025

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ARREST DATED 26.02.2025 EFFECTED BY RESPONDENT NO.1 IN FIR CR.NO.8/2025 OF THILAKNAGAR POLICE STATION, BANGALORE AS ABUSE OF PROCESS OF LAW FOR OFFENCES U/S 419, 420, 465, 467 R/W 34 OF IPC AND ETC.

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THIS PETITION, COMING ON FOR DICTATION, 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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The petitioner, who is facing investigation for the offences punishable under Sections 419, 420, 465, 467, r/w 34 of IPC is before this Court seeking relief.

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The petitioner's primary contention is that at the time of arrest, the grounds of arrest were not disclosed, and thereby is in violation of Article 22(1) of Constitution of India.

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The learned High Court Government Pleader has placed on record the grounds of arrest dated Nil and perusal of the grounds of arrest dated Nil does not discloses that the grounds of arrest was served on the petitioner-accused at the time of arrest.

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The Hon'ble Apex Court in the case of Vihaan Kumar -vs- State of Haryana & anr. - in 2025 INSC 162, following the earlier decision has held that 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

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NC: 2025:KHC:10226 CRL.P No. 3229 of 2025

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detained in custody to be informed of the grounds of arrest as soon as possible. if the grounds of arrest are not informed as soon as may be after the arrest, if 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.

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The petitioner was arrested on 26.02.2025 and remanded to the judicial custody without disclosing the grounds of arrest. Therefore, the arrest of petitioner stands vitiated for violation of Article 22(1) of Constitution of India.

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In the light of the legal principle established by the Apex Court in the cited decision, the arrest of the petitioner is held to be illegal and without authority of law for not serving the grounds of arrest on the petitioner at the time of his arrest.

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Accordingly, this criminal petition is allowed. The Chief Superintendent of Police, Parappana Agrahara, Central Prison, Bengaluru is hereby directed to release the petitioner forthwith in Crime No.8/2025 registered by the Thilaknagar Police Station, for the offences punishable under Sections 419, 420, 465 read with Section 34 of I.P.C., subject to the following conditions:

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i) The petitioner-accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the Trial Court within a period of two weeks from the date of his release;

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NC: 2025:KHC:10226 CRL.P No. 3229 of 2025

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ii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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iii) The petitioner shall appear before the Investigating Officer as and when required;

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iv) The petitioner shall not involve in similar offences in future;

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v) The concerned Jail Authorities are hereby directed to release the petitioner forthwith without any delay and immediately upon a receipt of copy of this order, if he is not required for any other cases, if any.

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vi) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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HR

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List No.: 1 Sl No.: 140

Majhar Anwar Khan v. State of Karnataka

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Majhar Anwar Khan v. State of Karnataka

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