Irfan Pasha T M v. State of Karnataka
Case brief
What is this about?
Karnataka High Court, Bengaluru; CRL.P No. 4787 of 2025; decided 01-04-2025; Hemant Chandangoudar, J. (single judge). Petition under S.482 Cr.P.C. / S.528 BNSS by Irfan Pasha T M (accused No.9, in judicial custody at District Prison, Chikkaballapura) challenging arrest dated 01.03.2025 at 2:00 A.M. and remand order dated 01.03.2025 in Crime No.30/2025, Gowribidanur Town Police Station (S.309(4) BNS, 2023). Key issues: non-service of grounds of arrest at the time of arrest; violation of Article 22(1) Constitution of India; Article 21 liberty. Precedent relied on: Vihaan Kumar v. State of Haryana, 2025 INSC 162 (grounds of arrest mandatory, not a formality). Result: petition allowed in part; release from judicial custody ordered on indemnity bond of Rs.1 lakh with one surety, with conditions (appearance before IO, no witness tampering, no similar offences, travel restricted to police station limits). Advocates: Hashmath Pasha, Senior Advocate (with Kariappa N.A.) for petitioner; Rahul Rai, HCGP for respondents 1 and 2.