Anush Kumar Y S @ Anush Shivappa v. the State of Karnataka
Case brief
What is this about?
The petitioner was arrested for alleged offences under the Bharatiya Nyaya Sanhita, including Section 307. He challenged the remand order on the ground that the grounds of arrest were not furnished to him at the time of arrest. The State claimed the grounds were recorded in a document (Annexure-E), but the petitioner's counsel asserted it was not provided at the time of arrest and the petitioner's signature was absent from the checklist. The Court found prima facie that the grounds of arrest had not been furnished as required by law, allowed the petition on that sole ground, and directed the petitioner's release.
What did the court decide?
The petition is allowed; the remand order dated 04.07.2026 is set aside on the ground that grounds of arrest were not furnished; Respondent No.2 (Jail Superintendent) is directed to release the petitioner forthwith.