Sri Khana Sharma @ Khana Pandeeth Vs the State of Karnataka

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NC: 2025:KHC:19292 CRL.P No. 7034 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7034 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SRI KHANA SHARMA @ KHANA PANDEETH, S/O BHAGAVATHI SHARMA, AGED ABOUT 28 YEARS, R/AT RAMANAGAR, MORENA, MORENA DISTRICT, MADHYA PRADESH STATE – 476 001

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…PETITIONER

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(BY SRI. SUYOG HERELE E., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH KODIGEHALLI P.S.,

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REP. BY ITS STATE PUBLIC PROSECUTOR,

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HIGH COURT BUILDING,

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BANGALORE – 560 001.

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SRI ANDARAM S/O KIVARAM,

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Digitally signed by CHANDANA B M

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Location: High Court of Karnataka

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AGED ABOUT 21 YEARS, R/AT NO.19/22, KAMADENU BUILDING, MUNISWAMAPPA COLONY, LOTTEGOLLAHALLI,

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BENGALURU CITY – 560 094

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CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BANGALORE – 560 068 REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001.

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…RESPONDENTS

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(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 & R2)

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NC: 2025:KHC:19292 CRL.P No. 7034 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ARREST AND REMAND ORDER DATED 14.03.2024 PASSED BY LEARNED 7^TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE CITY, IN CR.NO.107/2024 REGISTERED BY KODIGEHALLI P.S., FOR THE OFFENCES P/U/S 394, 397, 398, 450, 459, 400, 401, 201, 120(B) OF IPC U/S 25(1-a), 27(1) OF ARMS ACT, 1959, (NOW PENDING ON THE FILE OF LEARNED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CITY IN SC.NO.831/2025) AND CONSEQUENTLY, DIRECT THE 3^RD RESPONDENT TO RELEASE THE PETITIONER FORTHWITH FROM THE PRISON.

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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 the following reliefs:

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“(i) To quash the arrest and remand order dated 14.03.2024 passed by learned 7^th Addl. Chief Metropolitan Magistrate, Bangalore City in Crime No.107/2024 registered by the Kodigehalli Police Station for the offences punishable under Sections 394, 397, 398, 450, 459, 400, 401, 201, 120B of IPC and Sections 25(1-a) and 27(1) of Arms Act, 1959 (now pending on the file of learned Principal City Civil & Sessions Judge at Bengaluru City in S.C.No.831/2025) and consequently, direct the 3^rd respondent to release the petitioner forthwith from the prison in the ends of justice.

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(ii) To grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the ends of justice.”

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3 - NC: 2025:KHC:19292 CRL.P No. 7034 of 2025

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HC-KAR

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Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 and 2 and perused the material on record.

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In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior Counsel for the petitioner invited my attention to the material on record in order to point out that the requisite grounds of arrest as mandated under Article 22(1) of the Constitution of India as well as Sections 47 and 48 of BNSS, 2023 have not been issued either to the petitioner or to his relatives and in the light of the decisions of the Apex Court in the cases of Pankaj Bansal Vs. Union of India

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– (2024) 7 SCC 576, Prabir Purkayastha Vs. State (NCT of Delhi) – (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana – 2025 INSC 162, remand of the petitioner to the judicial custody be quashed and concerned respondents be directed to release the petitioner on bail.

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Per contra, learned HCGP submits that at the time of arrest of the petitioner on 18.03.2024 at about 01.00 p.m., grounds of arrest were not furnished to the petitioner or to his

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4 - NC: 2025:KHC:19292 CRL.P No. 7034 of 2025

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HC-KAR

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relatives as required in law and necessary orders may be passed in the instant case.

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A perusal of the material on record will indicate that in

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the instant case, grounds of arrest have not been furnished or communicated to the petitioner and/or to his relatives, friends etc., as required in law and in the light of the principles enunciated in the aforesaid judgments, I am of the view that the petition deserves to be allowed and petitioner is entitled to be released on bail by imposing certain conditions.

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In the result, I pass the following:-

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ORDER

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(i) Petition is hereby partly allowed .

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(ii) The impugned arrest of the petitioner on 18.03.2024 in Crime No.107/2024 registered by the 1^st respondent - Police and consequential remand dated 14.03.2024 by the VII Addl. Chief Metropolitan Magistrate, Bangalore City, are hereby quashed.

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(iii) The 1^st respondent as well as the 3^rd respondent – Jail Authorities are directed to release the petitioner on bail forthwith immediately upon receipt of a copy of this order, subject to the following conditions:

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HC-KAR

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a) The petitioner shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ;

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

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c) The petitioner shall co-operate with the investigation;

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d) The petitioner shall not leave the jurisdiction of this Court without the prior permission of the Court;

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e) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the trial court within a period of two weeks from today.

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f) The petitioner shall mark his attendance once in two weeks.

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Registry is directed to communicate this order to the 1^st respondent as well as the 3^rd respondent - Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order.

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Hand delivery of this order is permitted.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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SV

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List No.: 3 Sl No.: 9

Sri Khana Sharma @ Khana Pandeeth v. the State of Karnataka

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Sri Khana Sharma @ Khana Pandeeth v. the State of Karnataka

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