Vibhishan Burman Vs State of Karnataka

THIS CRL.P FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO DECLARE THE ARREST OF THE PETITIONER DATED 03.02.2025 CR.NO.34/2025 REGISTERED IN ADUGODI P.S., FOR THE OFFENCE P/U/S/ 179,180,182 OF BNS ACT AS ILLEGAL AND CONSEQUENTLY DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS.

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IN CRL.P NO. 4486/2025 BETWEEN:

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SUMAN DEY

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S/O THAPON DEY AGED ABOUT 27 YEARS R/AT NANJAPPA LAYOUT, ADUGODI, BANGALORE.

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PERMANENT ADDRESS RESIDING AT NORTH NAVAZ GANJ BALASI VILLAGE, DEVAN HOT POST, COUCH BIHAR DISTRICT WEST BENGAL - 736 159.

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DULAL BARMAN S/O SUDEER CHANDRA ARMAN

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AGED ABOUT 29 YEARS R/AT NANDINA VILLAGE, SAHIBA GANJ POST COUCH BIHAR DISTRICT WEST BENGAL - 736 159.

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...PETITIONERS

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(BY SRI. RAKSHITH R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ADUGODI PS REP BY SPP

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HIGH COURT OF KARNATAKA.

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KUMAR M S/O MALLIKARJUNAIAH AGED ABOUT 45 YEARS

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NC: 2025:KHC:15786 CRL.P No. 4584 of 2025 C/W CRL.P No. 4486 of 2025

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R/A NO. 4/82 2ND MAIN ROAD NANJAPPA LAYOUT, ADUGODI, BENGALURU CITY.

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...RESPONDENTS

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(BY SRI. RAHUL RAI, HCGP FOR R1;

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V/O DATED 4.4.2025, NOTICE TO R2 IS D/W)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO DECLARE THE ARREST OF THE PETITIONERS DATED 28.01.2025 CR.NO.34/2025 REGISTERED IN ADUGODI P.S., FOR THE OFFENCE P/U/S 179, 180, 182 OF BNS ACT AS ILLEGAL AND CONSEQUENTLY DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS.

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THESE PETITIONS, 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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The petitioners herein, who were arrested on 28.1.2025 and 3.2.2025 respectively in relation to Crime No.34/2025 registered by the Adugodi Police Station for the offences punishable under Section 179, 180,182 of BNS 2023 are before this Court seeking the relief.

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Primary contention of the petitioners is that, the arrest is vitiated for violation of Section 50 of BNS, 2023 and Article 22(1) of the Constitution of India, as no grounds of arrest were served on the petitioners at the time of arrest.

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NC: 2025:KHC:15786 CRL.P No. 4584 of 2025 C/W CRL.P No. 4486 of 2025

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The learned High Court Government Pleader for the respondent - State has placed on record the arrest intimation memo served on the accused. Perusal of the same indicates that except mentioning the Crime Number and the offences invoked against the petitioners, there are no grounds disclosed for arresting the petitioners herein. Therefore, the arrest of the petitioners without serving grounds of arrest stands vitiated for non-compliance of Section 50 of BNS 2023 and Article 22(1) of the Constitution of India.

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The Hon’ble Apex Court in the case of Vihaan Kumar -vs-The State of Haryana & Another, reported in (2025) 2 SCR 424 has reiterated that the requirement of informing the person arrested of the grounds of arrest is not a mere 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 - who is arrested and 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, it would amount to a violation of the fundamental right of the arrestee as guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty, to effectively challenge the arrest. Article 21 of the Constitution states that no person can be deprived of his liberty, except in accordance with the procedure established by law.

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NC: 2025:KHC:15786 CRL.P No. 4584 of 2025 C/W CRL.P No. 4486 of 2025

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In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioners stands vitiated for violation of Article 22 (1) of the Constitution of India and in such circumstances, the petitioners are entitled to be released from judicial custody forthwith.

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Accordingly, these petitions are allowed.

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The Jail Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioners-accused herein from judicial custody forthwith in relation to Crime No.34/2025, registered by Adugodi Police Station, Bengaluru City, subject to the following conditions:

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a) The petitioners-accused Nos.1 to 3 shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Investigating Officer within a period of two weeks from the date of their release;

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b) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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c) The petitioners shall appear before the Investigating Officer as and when summoned;

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d) 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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e) Liberty is reserved to the petitioners to file a petition afresh challenging the charge sheet.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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HR

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List No.: 2 Sl No.: 79

Vibhishan Burman v. State of Karnataka

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Vibhishan Burman v. State of Karnataka

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