Sharath Kumar. K @ Sharu Vs State of Karnataka

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED REMAND ORDERS DATED 14.09.2022 AND 20.09.2022 VIDE ANNEXURE-A

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THIS PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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NC: 2025:KHC:6178 WP No. 3677 of 2025

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ORAL ORDER

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In this petition, petitioner seeks the following reliefs:

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“a. Issue a writ of Certiorari or in the nature thereof or any other appropriate writ, quashing the impugned remand orders dated 14.09.2022 & 20.09.2022 vide Annexure-A in Crime No.128/2022 passed by the Hon’ble XXXII ACMM, Bangalore for the offences punishable U/s 307, 302 R/W 34 by Sheshadripuram Police (Annexure-A) in the interest of Justice and equity.

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b. To pass any such order as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice and equity.”

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Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record.

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In addition to reiterating the various contentions urged

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in the petition and referring to the material on record, learned counsel for the petitioner submits that the very arrest / detention of the petitioner – accused No.6 for the alleged offence was contrary to Article 22(1) of the Constitution of India and Section 50 of Cr.P.C. inasmuch as the grounds of arrest / reasons of arrest were not furnished to the petitioner at the time of his arrest thereby rendering the very arrest of the petitioner illegal and vitiated and as

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3 - NC: 2025:KHC:6178 WP No. 3677 of 2025

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such, the petitioner is entitled to be released on bail by quashing the impugned remand order. It is also submitted that since these contentions were neither urged nor considered by either the Trial Court or this Court while considering the request of the petitioner for regular bail, the present petition may be disposed of reserving liberty in favour of the petitioner to file a fresh bail application before the Trial Court or this Court and urge all contentions urged by the petitioner in the present petition including placing reliance upon the following decisions:

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(i) Vihaan Kumar Vs. The State of Haryana and another – SLP (Crl.) No.13320/2024) – 2025 INSC 162;

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(ii) Pankaj Bansal Vs. Union of India – (2024) 7 SCC 576;

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(iii) Prabir Purkayartha Vs. State (NCT of Delhi) – 2024 (8) SCC 254;

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(iv) Joginder Kumar Vs. State of U.P. & others – 1994 (4) SCC 260 &

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(v) DK Basu and another Vs. State of West Bengal & another – 1997(1) SCC 416

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