Writ Petition No. 10481 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19486 WP No. 10481 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.10481 OF 2025 (GM-RES) BETWEEN: AMEEN ULLA SHARIFF, S/O FAYAZ, AGED ABOUT 34 YEARS, RESIDING AT NO.02, 2ND CROSS, CHINNAPPA GARDEN, J.C. NAGAR, BANGALORE – 560 054
Legal Reasoning
(BY SRI. MUZAFFAR AHMED, ADVOCATE) …PETITIONER AND: 1. THE STATE OF KARNATAKA BY PULIKESHINAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE – 560 001 Digitally signed by CHANDANA B M Location: High Court of Karnataka 2. SRI. SYED MUJAHID, AGED ABOUT 32 YEARS, RESIDING AT NO.14, D STREET, CLIVELAND TOWN, HAINS ROAD, FRAZER TOWN, BENGALURU CITY – 560 005. (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.10.2023 PASSED BY THE LEARNED XI ADDL. CHIEF METROPOLITAN MAGISTRATE AT BANGALORE, IN CRIME NO.424/2023 CURRENTLY PENDING IN S.C.NO.539/2024 ON THE FILE OF LEARNED PRL. CITY CIVIL AND SESSIONS JUDGE - 2 - NC: 2025:KHC:19486 WP No. 10481 of 2025 HC-KAR (CCH-21), AT BANGALORE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 114, 120B, 302, 307 R/W 34 OF THE INDIAN PENAL CODE, 1860, REGISTERED BY THE RESPONDENT POLICE AT PULAKESHINAGAR POLICE STATION, AT BANGALORE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “a. Issue a Writ of Certiorari or in the nature thereof or any other appropriate Writ, quashing the impugned order dated 21.10.2023 vide Annexure-‘J’ passed by the learned XI Addl. Chief Metropolitan Magistrate, at Bangalore, in Crime No.424/2023 currently pending in SC.No.539/2024 on the file of learned Prl. City Civil & Sessions Judge (CCH- 21), at Bangalore, for the offences punishable under Sections 114, 120B, 302, 307 R/w 34 of the Indian Penal Code, 1860, registered by the Respondent Police at Pulakeshinagar Police Station, at Bangalore, in the interest of Justice and equity. 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.” 2. Heard learned counsel for the petitioner and learned Addl. SPP for respondent No.1 and perused the material on record. - 3 - NC: 2025:KHC:19486 WP No. 10481 of 2025 HC-KAR 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the material on record in order to point out that the requisite grounds of arrest as mandated under Article 22(1) of the Constitution of India as well as Sections 47 and 48 of BNSS, 2023 have not been issued either to the petitioner or to his relatives and in the light of the decisions of the Apex Court in the cases of Pankaj Bansal Vs. Union of India – (2024) 7 SCC 576, Prabir Purkayastha Vs. State (NCT of Delhi) – (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana – 2025 INSC 162, remand of the petitioner to the judicial custody be quashed and concerned respondents be directed to release the petitioner on bail. 4. Per contra, learned HCGP submits that at the time of arrest of the petitioner on 20.10.2023 grounds of arrest were not furnished to the petitioner or to his relatives as required in law and necessary orders may be passed in the instant case. 5. A perusal of the material on record will indicate that in the instant case, grounds of arrest have not been furnished or communicated to the petitioner and / or to his relatives, friends etc., - 4 - NC: 2025:KHC:19486 WP No. 10481 of 2025 HC-KAR as required in law and in the light of the principles enunciated in the aforesaid judgments, I am of the view that the petition deserves to be allowed and petitioner is entitled to be released on bail by imposing certain conditions. 6.
Decision
In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned arrest of the petitioner on 20.10.2023 in Crime No.424/2023 registered by the 1st respondent - Police and consequential remand dated 21.10.2023 passed by the XI Addl. Chief Metropolitan Magistrate, Mayohall, Bangalore City, are hereby quashed. (iii) The 1st respondent as well as the concerned Jail Authorities are directed to release the petitioner on bail forthwith immediately upon receipt of a copy of this order, subject to the following conditions: a) The petitioner shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ; b) The petitioner shall not involve in similar offences in future; c) d) The petitioner shall co-operate with the investigation; The petitioner shall not leave the jurisdiction of this Court without the prior permission of the Court; - 5 - NC: 2025:KHC:19486 WP No. 10481 of 2025 HC-KAR e) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the Trial Court within a period of two weeks from today. f) The petitioner shall mark his attendance before the SHO of the jurisdictional police station between 10.00 a.m. and 02.00 p.m., once in two weeks. g) Liberty is reserved in favour of the Trial Court to take appropriate action against the petitioner including issuance of NBW against the petitioner, in the event he violates any of the terms and conditions mentioned above. Registry is directed to communicate this order to the 1st respondent as well as the concerned Jail Authorities forthwith without any delay both electronically and telephonically to enable immediate implementation of this order. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 4 Sl No.: 13