Criminal Petition No. 6966 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19485 CRL.P No. 6966 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 CRIMINAL PETITION NO.6966 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. 2.
Legal Reasoning
SRI PRASANJITH SARKAR, S/O BHABESH CHANDRA SARKAR, AGED ABOUT 27 YEARS, R/AT 4TH CROSS, RAMAMURTHY NAGAR, BENGALURU – 560 016 PERMANENT RESIDENT OF BHANDAR BAGAN, UTTAR PRADESH, WEST BENGAL – 733 132. SRI PRASHATH DEBSHARMA, S/O SURESH DEBSHARMA, AGED ABOUT 27 YEARS, R/AT VIJAY BEKARI SIDE, 4TH CROSS, RAMAMURTHY NAGAR, BANGALORE CITY – 560 016 PERMANENT RESIDENT OF BHANDAR BAGAN, UTTAR PRADESH, WEST BENGAL – 733 132. (BY SRI. NISHANTH S.K., ADVOCATE) AND: 1. 2. THE STATE OF KARNATAKA, THROUGH RAMAMURTHY NAGAR P.S, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. LALRAMNGAKI, D/O ROSIAMNGHETA, AGED ABOUT 29 YEARS, NO.33/31, BALAJINAGAR, SG PALYA, HOSURU, BANGALORE CITY – 560 029. Digitally signed by CHANDANA B M Location: High Court of Karnataka …PETITIONERS - 2 - NC: 2025:KHC:19485 CRL.P No. 6966 of 2025 HC-KAR 3. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGRAHARA, BANGALORE – 560 068 REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1 & R3; NOTICE TO R2 DISPENSED WITH VIDE ORDER DATED 09.06.2025) …RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ARREST AND REMAND ORDER DATED 23.03.2024 PASSED BY LEARNED ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC – III AT BENGALURU IN CR.NO.177/2024 REGISTERED BY THE RAMAMURTHY NAGAR POLICE STATION (NOW PENDING ON THE FILE OF THE LEARNED ADDL. CITY CIVIL AND SESSIONS JUDGE, FTSC – III AT BENGALURU IN SPL.C.C.NO.912/2024) CONSEQUENTLY DIRECT THE 3rd RESPONDENT TO RELEASE THE PETITIONERS FROM HIS CUSTODY FORTHWITH IN THE ENDS OF JUSTICE. 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, petitioners seek the following reliefs: “(i) To quash the arrest and remand order dated 23.03.2024 passed by Learned Addl. City Civil & Sessions Judge, FTSC-III at Bangalore in Crime No.177/2024 registered by the Ramamurthy Nagar Police Station (now pending on the file of Learned Addl. City Civil & Sessions Judge, FTSC-I at Bangalore in Spl.C.C.No.912/2024) consequently direct the 3rd respondent to release the petitioners from his custody forthwith in the ends of justice. - 3 - NC: 2025:KHC:19485 CRL.P No. 6966 of 2025 HC-KAR (ii) To grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the ends of justice.” 2. Heard learned counsel for the petitioners and learned Addl. SPP for respondent Nos.1 and 3 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with. 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 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 petitioners or to their 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 petitioners to the judicial - 4 - NC: 2025:KHC:19485 CRL.P No. 6966 of 2025 HC-KAR 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 petitioners on 22.03.2024 grounds of arrest were not furnished to the petitioners or to their 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 petitioners and / or to their relatives, friends etc., 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 petitioners are 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 petitioners on 22.03.2024 in Crime No.177/2024 registered by the 1st respondent – Police and - 5 - NC: 2025:KHC:19485 CRL.P No. 6966 of 2025 HC-KAR consequential remand dated 23.03.2024 passed by the Addl. City Civil & Sessions Judge, FTSC-III, Bangalore, are hereby quashed. (iii) The 1st respondent as well as the 3rd respondent – Jail Authorities are directed to release the petitioners on bail forthwith immediately upon receipt of a copy of this order, subject to the following conditions: a) The petitioners shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ; b) The petitioners shall not involve in similar offences in future; c) d) The petitioners shall co-operate with the investigation; The petitioners shall not leave the jurisdiction of this Court without the prior permission of the Court; e) The petitioners 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 petitioners shall mark their 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 petitioners including issuance of NBW against the petitioners, in the event they violates any of the terms and conditions mentioned above. Registry is directed to communicate this order to the 1st respondent as well as the 3rd respondent – Jail Authorities forthwith - 6 - NC: 2025:KHC:19485 CRL.P No. 6966 of 2025 HC-KAR 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.: 12