SHER BAHADUR BAM v. STATE OF KARNATAKA

(BY SRI. VAIDYANATHA, ADVOCATE) AND:

STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION - 2 - NC: 2025:KHC:15687 CRL.P No. 5526 of 2025 REP. BY SPP HIGH COURT OF KARNATAKA.

AKTAR PATEL, PSI S/O NOT KNOWN TO PETITIONERS AGED ABOUT 41 YEARS, COMMERCIAL STREET POLICE STATION SHIVAJI NAGAR, BENGALURU - 560 001.

CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANNA AGRAHARA BANGALORE-560 068. (BY SRI. M.R. PATIL, HCGP FOR R1 & R3) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ARREST AND REMAND ORDER DATED 24.10.2024 PASSED BY LEARNED X ACJM, BENGALURU CITY AND CONSEQUENTLY RELEASE THE PETITIONERS FORTH WITH FROM JUDICIAL CUSTODY WITH A DIRECTION TO 3RD RESPONDENT IN CRIME NO.164/2024 OF COMMERCIAL STREET P.S., FOR THE OFFENCE P/U/S 20(b) OF NDPS ACT, PENDING ON THE FILE OF XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, AT BENGALURU (CCH-33) IN SPL.CC.NO.707/2025 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who were arrested in Crime No.164/2024 registered by the Commercial Street Police Station, Bengaluru, for the offence punishable under Section 20B of the Narcotic Drugs and Psychotropic Substances Act, 1985 are before this Court. - 3 - NC: 2025:KHC:15687 CRL.P No. 5526 of 2025

2. The petitioners were arrested in connection with the said crime on 24.10.2024.

3. Petitioners' primary contention is that, the arrest is vitiated for violation of Article 22(1) of the Constitution of India, as no grounds of arrest were served on the petitioners at the time of arrest.

The learned High Court Government Pleader for the respondent - State has placed on record the intimation of arrest.

A perusal of the same indicates that no grounds are disclosed for arresting the petitioners.

The Hon'ble Apex Court in the case of Vihaan Kumar -vs- The State of Haryana & Another, reported in (2025) 2 SCR 424 has reiterated that the requirement of informing the person arrested of the grounds of arrest is not a mere 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 - who is 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, it would amount to a violation of the fundamental right of the arrestee as guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty, to effectively challenge the arrest. Article 21 of the Constitution states that - 4 - NC: 2025:KHC:15687 CRL.P No. 5526 of 2025 no person can be deprived of his liberty, except in accordance with the procedure established by law.

In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioners stand vitiated for violation of Article 22 (1) of the Constitution of India and in such circumstances, the petitioners are entitled to be released from judicial custody.

The 3rd respondent- Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioners forthwith from judicial custody in Special CC No.707/2025, on the file of learned XXXIII Additional City Civil and Sessions Judge for NDPS Cases at Bengaluru (CCH-33), arising out of Crime No.164/2024 registered by the Commercial Street Police Station, subject to the following conditions: i) The petitioners-accused shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum of which, one will be the Local Surety to the satisfaction of the Trial Court within a period of two weeks from the date of his release; ii) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iii) The petitioners shall appear before the Trial Court as and when summoned; - 5 - NC: 2025:KHC:15687 CRL.P No. 5526 of 2025 iv) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. (v) Liberty is reserved to the petitioners to file a petition afresh challenging the charge sheet. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 4 Sl No.: 3