Mr Keerthi M Vs State of Karnataka

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NC: 2025:KHC:19070 WP No. 14576 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14576 OF 2025 (GM-RES)

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BETWEEN:

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MR KEERTHI M S/O MANJUNATHA.H, AGED ABOUT 25 YEARS, R/AT NO.19, BEHIND BMK SAMUDAYA BHAVAN, SIR M. VISHWESHWARAIAH LAYOUT, 1^ST BLOCK, JANANABHARATHI POST BANGALORE – 560 056.

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…PETITIONER

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(BY SRI.HASHMATH PASHA, SENIOR ADVOCATE FOR

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SRI.MOHAMMED MUBARAK, ADVOCATE)

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AND:

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STATE OF KARNATAKA JNANABHARATHI POLICE STATION, BANGALORE CITY.

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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CHIEF SUPERINTENDENT, CENTRAL PRISON, PARAPPANA AGRAHARA, BANGALAORE. (BOTH ARE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560001)

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SMT. LATHA W/O MURTHY, AGED ABOUT 45 YEARS, R/AT NO.12/1, SONNENAHALLI, DODDABASATHI ROAD, JANANABHARATHI, BANGALORE – 560 072.

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…RESPONDENTS

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(BY SMT. SOWMYA.R, HCGP FOR R-1 & R-2

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R-3 SERICE OF NOTICE DISPENSED WITH

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VIDE ORDER DATED: 05.06.2025.)

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NC: 2025:KHC:19070 WP No. 14576 of 2025

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HC-KAR

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THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ARREST DATED 30-92024 AND ORDER REMAND DATED 1-10-2024 EFFECTED AND PASSED IN CRIME NO.399/2024 OF JNANABHARATHI POLICE STATION, BANGALORE CITY WHICH WAS ON THE FILE OF HONBLE VI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE CITY FOR OFFENCE UNDER SECTION 103 (1) OF BNS AS PER ANNEXURE-B AND D AS ILLEGAL AND ABUSE OF PROCESS OF LAW AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 for the following reliefs:

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“1. To Quash the arrest dated 30-9-2024 and order remand dated 1-10-2024 effected and passed in Crime No.399/2024 of Jnanabharathi Police Station, Bangalore City which was on the file of Hon'ble VI Additional Chief Judicial Magistrate, Bangalore City for offence Under Section 103 (1) of BNS as per ANNEXURE-'B' and 'D' as illegal and abuse of process c law.

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2. To Quash the Order of cognizance dated 30-12-2024 passed In Crime No-399/2024 of Jnanabharathi Police Station which was on the file of VI Additional Chief Judicial Magistrate, Bangalore as per ANNEXURE-B as abuse of process of law.

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3. To quash the entire proceedings pending in SC.No.598/2025 on the file of Hon'ble LXII Additional City Civil and Sessions Judge, Bangalore City (CCH-63), which is arising out of Crime No.399/2025 of Jnanabharathi Police Station, Bangalore City for offences under section 103(1) and 238 of

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3 - NC: 2025:KHC:19070 WP No. 14576 of 2025

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HC-KAR

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BNS as per ANNEXURE-'B', 'C' and 'F' as an abuse of process of law.

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4. 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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Heard learned counsel for the petitioner and learned

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HCGP for respondent Nos. 1 and 2 and perused the material on record. For the order proposed, notice to respondent No.3 is dispensed with.

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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 – (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

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4 - NC: 2025:KHC:19070 WP No. 14576 of 2025

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HC-KAR

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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

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arrest of the petitioner on 30.09.2024 at about 04.00 p.m., only arrest intimation was served and grounds of arrest were not furnished to the petitioner or to his 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 30.09.2024 in Crime No.399/2024 registered by the 1^st respondent - Police and

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HC-KAR

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consequential remand dated 01.10.2024 by the VI ACJM, Bangalore, are hereby quashed.

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(iii) The 1^st respondent as well as the 2^nd respondent -

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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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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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Registry is directed to communicate this order to the 1^st respondent as well as the 2^nd respondent - Jail Authorities forthwith without any delay both electronically and

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