Successive bail plea under Section 439 CrPC in a Section 302 IPC case, alleging non-furnishing of grounds of arrest. The court held there was compliance with Section 50(1) CrPC, noted the trial was progressing, and dismissed the petition.
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NC: 2026:KHC:13862 CRL.P No. 11800 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11800 OF 2025
BETWEEN:
ESHAN KURESHI, S/O. HAJI KURESHI, AGED ABOUT 27 YEARS, R/OF BILAL MSSZID ROAD, KUSHALANAGARA EXTENSION, SAKALESHPURA TOWN, HASSAN DISTRICT-573134.
…PETITIONER
(BY SRI. MURTHY D.L., ADVOCATE)
AND:
STATE BY SAKALESHPURA TOWN POLICE STATION SAKALESHPURA,
Digitally signed by LAKSHMI T Location: High Court of Karnataka
HASSAN DISTRICT-573 134. REP SPP, HIGH COURT OF KARNATAKA, BENGLURU-560 001.
…RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SC.NO.185/2022, IN CR.NO.46/2022, REGISTERED BY THE SAKALESHPURA TOWN POLICE STATION, FOR THE ALLEGED OFFENCES P/U/S 302, 323, 504, 120B AND 149 OF IPC, PENDING CONSIDERATION ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, HASSAN, AND THAT FOR THE REASONS STATED ABOVE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
This is a successive bail petition preferred by the petitioner praying to enlarge him on bail in S.C.No.185/2022 pending before the Court of Principal District and Sessions Judge, Hassan.
that on three occasions prayer for bail has been rejected, but the petitioner has preferred this petition on the ground that grounds of arrest are not furnished to him at the time of his arrest and the intimation regarding his arrest were also not given to his nearest relatives or friends.
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dismissing bail petition at paragraph No.11 has observed that I.O. has issued zÀ¸ÀÛVj w¼ÀĪÀ½PÉ ¥ÀvÀæ dated 18.03.2022 narrating the grounds for which he was arrested and also obtained his signature. Hence, there is compliance of Section 50(1) of Cr.P.C. Further, observed that I.O. has produced the documents nomenclature " DgÉÆæAiÀÄ ¸ÀA§A¢üPÀjUÉ zÀ¸ÀÛVjAiÀiÁzÀ §UÉÎ w½¸ÀĪÀ w¼ÀĪÀ½PÉ ¥ÀvÀæ" and it does not contain the
signature of any relatives or friends or any other person whose name has been nominated by the accused to give such information.
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"58. We are cognizant that there existed no consistent or binding requirement mandating written communication of the grounds of arrest for all the offences. Holding as above, in our view, would ensure implementation of the constitutional rights provided to an arrestee as engrafted under Article 22 of the Constitution of India in an effective manner. Such clarity on obligation would avoid uncertainty in the administration of criminal justice. The ends of fairness and legal discipline therefore demand that this procedure as affirmed above shall govern arrests henceforth."
the learned counsel for the petitioner cannot be considered to enlarge the petitioner on bail at this stage. Even otherwise, there is compliance of Section 50(1) of Cr.P.C.
18.03.2022, i.e., for nearly 4 years. It is submitted by the learned High Court Government Pleader that 18 witnesses
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are already examined out of 47 witnesses cited in the
charge sheet and therefore, the trial is in progress.
such an application is filed, the learned Sessions Judge shall consider and dispose of the same in accordance with
law, as expeditiously as possible.
Sd/(MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 3
2 issues framed by the court
Whether non-furnishing of written grounds of arrest and non-intimation to relatives warrants bail despite earlier rejection on merits.
Whether there was compliance with Section 50(1) CrPC at the time of arrest.
Colour shows how this judgement treated each authority
Mihir Rajesh Shah V/s. State of Maharashtra and anotherApplied¶6
2025 LiveLaw (SC) 1066
4 provisions across 3 enactments
Eshan Kureshi
State by Sakaleshpura Town Police Station, Sakaleshpura
Mohammad Nawaz
As recorded by the court registry
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