Sri Shivappa @ Ratnapuri v. State of Karnataka
Case brief
What is this about?
Illegal arrest — non-communication of grounds of arrest — Article 22(1) Constitution of India — intimation memo silent on grounds of arrest — Vihaan Kumar v. State of Haryana, 2025 INSC 162 relied on — arrest vitiated — writ petition under Articles 226/227 r/w Section 528 BNSS 2023 — remand order dated 31.03.2025 in Crime No.111/2025, H.D. Kote Police Station — offences under Sections 189(2), 191(2), 329(4), 352, 109(1), 76, 118(1), 115(2), 54, 351(2) r/w 190 BNS 2023 — release on personal bond ₹1,00,000 with one local surety — K.R. Nagar Sub-Jail — Karnataka High Court, Hemant Chandangoudar J.
What did the court decide?
Release of the petitioner-accused No.2 forthwith from judicial custody in Crime No.111/2025, subject to: execution of a personal bond of ₹1,00,000 with one local surety within two weeks of release; no direct or indirect threatening or tampering with prosecution witnesses; appearance before the Investigating Officer as and when required; no commission of similar offences; immediate release by the jail authorities upon receipt of the order provided he is not required in any other proceeding; and communication of the order to the jail authorities by e-mail and telephone.