Criminal Petition No. 6006 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18678 CRL.P No. 6006 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6006 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. CHINAS CYPRIAN OKOYE S/O. CHAUNASA, C/O. DEVARAJ AGED ABOUT 38 YEARS, R/AT CHIKKADINNE, MAVALLIPURA MAIN ROAD, BENGALURU NORTH, BENGALURU 560 048. 2. EMMANUEL KWASI S/O. BOADU EMMANUEL KWASI, C/O. DEVARAJ AGED ABOUT 32 YEARS, R/AT CHIKKADINNE, MAVALLIPURA MAIN ROAD, BENGALURU NORTH, BENGALURU - 560 048 (NOW IN JUDICIAL CUSTODY) (BY SRI. BALAKRISHNA M R.,ADVOCATE) AND: Digitally signed by CHANDANA B M Location: High Court of Karnataka …PETITIONERS 1.
Facts
THE STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001.
Legal Reasoning
dated 25.03.2025 which has followed the decisions of this Court in Noufal M K Vs. State of Karnataka and another – W.P.No.6778/2025 and also the decisions of the Hon’ble Apex - 4 - NC: 2025:KHC:18678 CRL.P No. 6006 of 2025 HC-KAR 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 petitioners to the judicial custody be quashed and concerned respondents be directed to release the petitioners on bail. 4. Per contra, learned HCGP submits that at the time of arrest of the petitioner on 22.02.2024 at about 11:30 p.m., grounds of arrest were not furnished to the petitioners or to their relatives as required in law and necessary order may be passed in the instant case. 5. In Sujith Kumar’s case (supra), a Co-ordinate Bench of this Court has held as under: “A case is registered in Crime No.28/2025 by the Chintamani Town Police Station, Chikkabalalpuara District for the offence punishable under Sections 137(2), 64 of BNS, 2023 and Sections 6, 8, and 12 of POCSO Act, 2012. 2. Heard the learned counsel for the parties. 3. A perusal of the grounds of arrest allegedly served on the petitioners discloses that except reproducing the averments in the complaint, there are no grounds stated for arresting the petitioner. Moreover, the grounds of arrest was - 5 - NC: 2025:KHC:18678 CRL.P No. 6006 of 2025 HC-KAR not communicated to the relatives of the accused as stated under Section 48 of BNSS, 2023. The grounds of arrest discloses that the notice of arrest is not in conformity with Section 47 of BNSS, 2023, and also Article 22(1) of the Constitution of India. 4. A Co-ordinate Bench of this Court in the case of Noufal M K -vs- State of Karnataka and anr. in WP No.6778/2025 following the decisions of the Apex Court in the cases of Pankaj Bansal -vs- Union of India-(2024) 7 SCC 576, and Prabir Purkayastha -vs- State (NCT of Delhi)- (2024) 8 SCC 254, and Vihaan Kumar -vs-State of Haryana- 2025 INSC 162, released the petitioner therein, stating that arrest stands vitiated for non-disclosure of the grounds of arrest. 5. Therefore the arrest of the petitioner stands vitiated for non-compliance of Article 22(1) of Constitution of India and Section 35(5) of BNSS, 2023. The grounds of arrest is not inconformity with Section 47 of BNSS, 2023. 6. Accordingly, the petition is allowed. The respondent No.1 to release the petitioner forthwith in Crime No.28/2025 registered by the Chintamani Town P.S, Chikkaballapura District subject to following conditions: furnish a) The petitioner/accused shall indemnity bond for a sum of Rs.One lakh with one local surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall appear before the Investigating Officer as and when required. c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. - 6 - NC: 2025:KHC:18678 CRL.P No. 6006 of 2025 HC-KAR d) He shall not get involved in similar offences. e) He shall not leave the territorial limits of the the police station without prior permission of Investigating Officer. 7. The Chikballapura sub-Jail, Chikkaballapur District, is hereby directed to release the petitioner forthwith in Crime No.28/2025 registered by the Chintamani Police Station without any delay, and immediately upon a receipt of copy of this order, if they are not required for any other cases, if any. 8. The Registry is directed to communicate this order to the Jail Authorities forthwith without any delay through e-mail and telephonically. Hand delivery ordered.” 6. As stated earlier, in the instant case, grounds of arrest have not been furnished to the petitioners or to his relatives and hence, they deserve to be released by imposing certain conditions. 7. Accordingly, the petition is allowed. The respondent Nos.1 and 3 are hereby directed to release the petitioners forthwith in Crime No.84/2024 registered by respondent No.1-Police, pending on the file of the VIII Additional District and Sessions Judge for NDPS Cases, Bengaluru, subject to the following conditions: - 7 - NC: 2025:KHC:18678 CRL.P No. 6006 of 2025 HC-KAR i. The petitioners/accused shall furnish indemnity bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the likesum to the satisfaction of the jurisdictional Court. ii. The petitioners shall appear before the Investigating Officer as and when required. iii. The petitioners shall not threaten or allure the prosecution witnesses in whatsoever manner. iv. The petitioners shall not get involved in similar offences. v. The petitioners shall not leave the territorial limits of the police station without prior permission of the Investigating Officer. 8. The concerned Jail Authorities are hereby directed to release the petitioner forthwith, in Crime No.84/2024 registered by respondent No.1-Police, pending on the file of the VIII Additional District and Sessions Judge for NDPS Cases, Bengaluru, without any delay and immediately upon receipt of a copy of this order. - 8 - NC: 2025:KHC:18678 CRL.P No. 6006 of 2025 HC-KAR 9. The Registry is directed to communicate this order to the concerned Jail Authorities forthwith without any delay through e-mail and telephonically. 10. The Trial Court is directed to dispose of the proceedings arising out of Crime No.84/2024 within a period of three months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 74 * Retyped and replaced vide Court order dated 18.06.2025
Arguments
2. MR. MOHAMMAD MUKHARAM. FATHER'S NAME NOT KNOWN TO THE PETITIONER MAJOR IN AGE, POLICE INSPECTOR * Retyped and replaced vide Court order dated 18.06.2025 - 2 - NC: 2025:KHC:18678 CRL.P No. 6006 of 2025 HC-KAR ANTI-NARCOTICS WING, CENTRAL CRIME BRANCH BENGALURU CITY - 560 053. 3. THE CHIEF SUPERINTENDENT CENTRAL PRISON, PARAPPANA AGARAHARA BENGALURU - 560 100. (BY SMT. SOWMYA R., HCGP) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE ORDER OF REMAND DATED 23.02.2024 PASSED BY THE HONBLE CJM BENGALURU RURAL DISTRICT, BENGALURU IN CR.NO.84/2024 FOR THE ALLEGED OFFENCE P/U/S 8(c),22(C) OF NDPS ACT AND SEC.14 OF FOREIGNERS ACT AND NOW PENDING ON THE FILE OF THE HONBLE VIII ADDL.DISTRICT AND SESSIONS JUDGE FOR NDPS CASES AT BENGALURU AND SET AT LIBERTY FORTHWITH AND ETC. 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, the petitioners seek the following reliefs: “ 1. Set aside order of remand dated 23.02.2024 passed by the Hon'ble Chief Judicial Magistrate, Bengaluru Rural District, 84 Bengaluru in Crime No. /2024 for the alleged offences punishable u/ss. 8(c) and 22(C) of NDPS Act and Section 14 of Foreigners Act and now pending on the file of the Hon'ble VIII Addl. District and Sessions Judge for NDPS cases, at Bengaluru and set at liberty forthwith; - 3 - NC: 2025:KHC:18678 CRL.P No. 6006 of 2025 HC-KAR 2. Direct the Respondent No.3 to release the Petitioners forthwith in crime No.84/2024, now pending on the file of the Hon'ble VIII Addl. District and Sessions Judge for NDPS cases, at Bengaluru; 3. Pass such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity. 2. Heard learned counsel for the petitioners and learned HCGP for respondent Nos.1 and 3 and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioners invited my attention to the material on record in order to point out that the requisite grounds of arrest as mandated under Section 48 of BNSS, have not been issued either to the petitioners or to their relatives and in the light of the judgment of a Co-ordinate Bench of this Court, in the case of Sujith Kumar Vs. The State of Karnataka and another – W.P.No.8630/2025