Mr. B. Raheem v. the Executive Magistrate

Karnataka HC14 Jul 2025WP/17177/2025

Case brief

AI extract

What is this about?

Section 130 BNSS 2023 show-cause notice mandatory particulars; bond of good conduct; number of sureties, amount of bond, term absent; Executive Magistrate Belthangady; M.C NO172/2024-2025; communal violence and breach of law and order allegations; writ of certiorari quashing notice; Articles 226 and 227 Constitution of India; Karnataka HC GM-Police writ petition; notice set aside; fresh summons strict compliance with Section 130; reliance on Crl.P No.7505/2025; petitioner B. Raheem; advocates Abdul Ansar P. and K.P. Yashodha AGA.

What did the court decide?

Show-cause notice at Annexure-A set aside; respondents permitted to issue fresh summons strictly in compliance of Section 130 BNSS, any such notice to contain all details including the petitioner's alleged involvement in other offences; petition recorded by the court as 'disposed off'.

Mr. B. Raheem Vs the Executive Magistrate — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the show-cause notice (Annexure-A) issued under Section 130 BNSS 2023 complies with the specific requirements of Section 130 — an order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number of sureties.

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Court's answer

The notice at Annexure-A, while containing the details of the petitioner's alleged involvement in instances of communal violence, omits the other requirements of Section 130 — the number of sureties and the amount of the bond to be executed are absent.

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Ratio / Principle

The present notice at Annexure-A does not fit into the four corners of the surety requirement under Section 130.

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Key takeaways

Taking note of the order passed in Crl.P No.7505/2025 and the observations made therein, the court concluded that the petition requires to be allowed.ratio¶¶34
The show-cause notice at Annexure-A is set aside, and liberty is reserved to the respondents to issue fresh summons strictly in compliance of Section 130.ratio¶¶47
Any notice issued subsequently must contain all details, including the petitioner's involvement in the other offences regarding which allegations are made in the Annexure-A show-cause notice.

Detailed headnote1 paragraphs

W.P. No. 17177 of 2025 (GM-Police), High Court of Karnataka at Bengaluru, oral order dated 14-07-2025, S Sunil Dutt Yadav J: Petitioner, invoking Articles 226 and 227 of the Constitution, challenged a show-cause notice (Annexure-A) issued by the Executive Magistrate, Belthangady in M.C NO172/2024-2025 under Section 130 BNSS 2023, which alleged his involvement in instances of communal violence and breach of law and order and called upon him to execute a bond of good conduct. Although the notice recited the communal-violence allegations, the mandatory particulars of Section 130 — order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term, and the number of sureties — were absent, so the notice did not 'fit into the four corners of surety requirement under Section 130'. Relying on the observations in Crl.P No.7505/2025, the court set the notice aside, allowed the petition (recorded as 'disposed off'), and reserved liberty to the respondents to issue fresh summons strictly in compliance of Section 130, any subsequent notice to contain all details including the petitioner's alleged involvement in other offences.

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1 - NC: 2025:KHC:25821 WP No. 17177 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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WRIT PETITION NO. 17177 OF 2025 (GM-POLICE)

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BETWEEN:

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MR. B. RAHEEM S/O. B. MOHAMMED, AGED ABOUT 26 YEARS, R/O. BEETIGE HOUSE,

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CHARMADY VILLAGE AND POST BELTHANGADY TALUK, D.K-574 228.

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… PETITIONER

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(BY SRI. ABDUL ANSAR P., ADVOCATE)

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Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA

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AND:

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THE EXECUTIVE MAGISTRATE BELTHANGADY TALUK.

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TALUK OFFICE BELTHANGADY, D.K-574 214.

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THE STATE BY POLICE SUB-INSPECTOR DHARMASTHALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING,

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BENGALURU-01.

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… RESPONDENTS

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(BY SMT. K.P. YASHODHA, AGA FOR R1 AND R2)

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2 - NC: 2025:KHC:25821 WP No. 17177 of 2025

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HC-KAR

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT OF CERTIORARI BY QUASHING THE IMPUGNED NOTICE ISSUED BY RESPONDENT NO-1 AT ANNEXURE-A IN M.C NO172/2024-2025 PENDING IN THE FILE OF EXECUTIVE MAGISTRATE BELTHANGADY, D.K. AND ETC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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The petitioner has called in question the validity of the show-cause notice at Annexure-A issued under Section 130 of

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the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS 2023', for short). In terms of Annexure-A, it is noticed that allegations have been made against the petitioner that he was involved in certain cases relating to communal violence and breach of law and order and has potentiality to involve in repeated offences and in light of the same, he is called upon to execute the Bond of good conduct.

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The petitioner has challenged the validity of such proceedings on the ground that Section 130 of BNSS provides for certain specific requirements from a plain reading which are not contained in the show-cause notice at Annexure-A.

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3 - NC: 2025:KHC:25821 WP No. 17177 of 2025

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HC-KAR

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Section 130 of BNSS, 2023 reads as follows:

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"130. When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the fitness for payment of sureties."

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The notice at Annexure-A contains the details of involvement of petitioner in the instances of communal violence. Further, other requirements of Section 130 regarding number of sureties, amount of bond to be executed are absent.

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Taking note of the order passed in Crl.P No.7505/2025, while certain observations are made, the petition requires to be allowed.

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The extraction made from Para 3 till end in Crl.P No.7505/2025 reads as follows:

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"3. In the impugned summons, which have been issued only the date and time of appearance of the petitioner has been mentioned without details

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NC: 2025:KHC:25821 WP No. 17177 of 2025

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HC-KAR

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under Section 130 of BNSS, 2023. Section 130 of BNSS, 2023 reads as under:

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4. A perusal of the said provision would indicate that the order is to be made in writing, the details as regard the substance of information received, the amount of the bond to be executed, term for which it is to be enforced, and the number of sureties would also have to be mentioned in such an order. A perusal of the impugned summons exfacie indicates that those details are not mentioned in the said summons……"

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In light of the same, noticing that present notice at

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Annexure-A does not fit into the four corners of surety requirement under Section 130, show-cause notice at

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5 - NC: 2025:KHC:25821 WP No. 17177 of 2025

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HC-KAR

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Annexure-A is set aside. Liberty is reserved to the respondents to issue fresh summons if circumstances are so made strictly in compliance of Section 130. It is made clear that notice if issued subsequently, must contain all details including petitioner's involvement in other offences regarding which allegations are made in the show-cause notice at Annexure-A.

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Accordingly, the petition is disposed off.

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Sd/(S SUNIL DUTT YADAV) JUDGE

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Mr. B. Raheem v. the Executive Magistrate

Case brief

What is this about?

What did the court decide?

Mr. B. Raheem v. the Executive Magistrate

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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