Sri.Noufal M.K Vs State of Karnataka

SANHITA PRAYING TO DECLARE THE ARREST OF THE PETITIONER DATED 03.03.2025 IN CRIME NO.17/2025 REGISTERED BY MALLESHWARAM P.S. FOR OFFENCES P/U/S SECTION 316(2), 318(4), 61(2), 351(2), 351(3), 352, 3(5) OF BNS i.e. ANNEXURE-A AS ILLEGAL AND CONSEQUENTLY DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER FORTHWITH.

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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 HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner, who is facing an investigation for the offences punishable under Sections 316(2), 318(40, 61(2), 351(2), 351(3), 3(5) of BNS, 2023, is before this Court seeking relief.

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The offences are cognizable and non-bailable and punishable for imprisonment upto seven years.

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The primary contention of the petitioner is that without disclosing the grounds of arrest, the petitioner has been arrested and the same stands vitiated. In support, the learned counsel for the petitioner places reliance on the decision of the Hon'ble Supreme Court in the case of Vihaan Kumar -vs- State of Haryana & anr. - in 2025 INSC 162.

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The learned High Court Government Pleader for the respondent No.1 has placed on record the memo of arrest, which indicates that, except stating that petitioner - accused No.1 has committed the aforesaid offence, no grounds are recorded to arrest

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3 -

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NC: 2025:KHC:9832 WP No. 6778 of 2025

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the petitioner. Therefore, the same does not satisfy Article 22(1) of the Constitution of India and Section 47 of BNS, 2023.

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The Hon'ble Apex Court in the case of Vihan Kumar (supra) following the earlier decision has held that the requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional requirement. Article 22 is included in Part III of the Constitution under the heading of fundamental rights. Thus, it is the fundamental right of every person arrested and detained in custody to be informed of the grounds of arrest as soon as possible. if the grounds of arrest are not informed as soon as may be after the arrest, if would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty. The reason is that, as provided in Article 21, no person can be deprived of his liberty except in accordance with the procedure established by law.

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Accordingly, the petition is allowed. The respondent No.1 to release the petitioner forthwith in Crime No.17/2025 registered by the Malleshwaram P.S subject to following conditions:

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a) The petitioner/accused No.1 shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.

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