Yenkya Naik @ Akilesh Naik Vs State of Karnataka

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NC: 2025:KHC:15119 CRL.P No. 5206 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5206 OF 2025

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BETWEEN:

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YENKYA NAIK @ AKILESH NAIK, S/O MANJA NALKA, AGED ABOUT 27 YEARS, R/AT NEAR SEVALAL TEMPLE, DUMMALLI VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT-577 201.

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(NOW IN JUDICIAL CUSTODY DISTRICT PRISON, SHIVAMOGGA)

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…PETITIONER

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(BY SRI HASHMATH PASHA, SENIOR ADVOCATE FOR SRI KARIAPPA N A, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY TUNGANAGARA POLICE STATION, SHIVAMOGGA-577 201.

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Digitally signed by R HEMALATHA Location: High Court of Karnataka

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CHIEF SUPERINTENDENT, CENTRAL PRISON, SHIVAMOGGA-577 201.

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BOTH ARE REP. BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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NAGESH NAIK, S/O SHESHANAIK, R/AT SIDDESHWARA NAGARA, DUMMALLI VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT-577 201.

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…RESPONDENTS

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(BY SRI M.V ANOOP KUMAR, HCGP FOR R1 & R2)

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NC: 2025:KHC:15119 CRL.P No. 5206 of 2025

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE ORDER OF ARREST DATED 13.05.2024 IN CRIME NO.235/2024 OF THUNGA NAGAR POLICE STATION, SHIVAMOGGA WHICH WAS ON THE FILE OF HON'BLE PR.SENIOR CIVIL JUDGE AND JMFC COURT, SHIVAMOGGA AS PER ANNEXURE-D AS ILLEGAL AND VITIATED ETC.

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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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The petitioner, who is arrested in Crime No.235/2024 registered by Thunganagar P.S., Shivamogga, for the offences punishable under Sections 120B, 143,144,148, 149, 302,324 of IPC is before this Court.

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The petitioner was arrested on 13-05-2024.

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Primary contention of the petitioner is that, the arrest is vitiated for violation of Article 22(1) of the Constitution of India, as no grounds of arrest was served on the petitioner at the time of arrest.

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The learned High Court Government Pleader for the respondent - State has produced the information of arrest.

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On perusal of the same indicates that no grounds are disclosed for arresting the petitioner.

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NC: 2025:KHC:15119 CRL.P No. 5206 of 2025

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The Hon'ble Apex Court in the case of Vihaan Kumar -vsThe 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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In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner stands vitiated for violation of Article 22 (1) of the Constitution of India and in such circumstances, the petitioner is entitled to be released from judicial custody.

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7. Accordingly, this petition is allowed.

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Respondent No.2- Chief Superintendent of Central Prison, Shivamogga, is hereby directed to release the petitioner forthwith from judicial custody in SC No.145/2024 on the file of II Additional District and Sessions Judge, Shivamogga, arising out

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NC: 2025:KHC:15119 CRL.P No. 5206 of 2025

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of Crime No.235/2024, registered by Thunganagar P.S.,

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Shivamogga, subject to the following conditions:

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i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one local surety for the like sum to the satisfaction of the Trial Court within a period of two weeks from the date of his release;

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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 Trial Court as and when summoned;

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vii) 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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tsn* List No.: 1 Sl No.: 11

Yenkya Naik @ Akilesh Naik v. State of Karnataka

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Yenkya Naik @ Akilesh Naik v. State of Karnataka

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