Criminal Petition No. 8399 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21493 CRL.P No. 8399 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8399 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI CHAND PASHA S/O KALEEL AGED ABOUT 35 YEARS R/AT NO: 20, 6TH MAIN ROAD SHAMANNA GARDEN MYSURU ROAD, BANGALORE. (NOW IN JUDICIAL CUSTODY CENTRAL PRISON, BANGALORE) (BY SRI. VIVEK J. C, ADVOCATE) AND: …PETITIONER 1. 2.
Legal Reasoning
STATE OF KARNATAKA BYATARAYANAPURA POLICE STATION BANGALORE CITY REP BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. SHREESHAIL ZULFI POLICE SUB INSPECTOR BYATARAYANAPURA POLICE STATION BANGALORE. Digitally signed by CHANDANA B M Location: High Court of Karnataka 3. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPANA AGARAHARA BANGALORE (ALL REP. BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001)
Legal Reasoning
(BY SRI. JAGADEESHA.B.N, ADDL.SPP) …RESPONDENTS - 2 - NC: 2025:KHC:21493 CRL.P No. 8399 of 2025 HC-KAR THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY PRAYING TO QUASH THE ORDER OF ARREST DTD 20.10.2024 AND 05.12.2024 AS ILLEGAL AND ABUSE OF PROCESS OF LAW 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, petitioner seeks for the following reliefs:- “1. Quash the order of arrest dated: 20.10.2024 and 05.12.2024 as illegal and abuse of process of Law. 2. Further to Quash the order of remand and detention passed by the Hon’ble XXXIII Additional City Civil and Sessions Judge, Bangalore City dated: 20.10.2024 and 05.12.2024 and till this date as per annexure-‘B’ as illegal and consequently direct the respondents to release the petitioner Forthwith from illegal detention and, 3. 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 petitioner and learned Addl.SPP for respondents 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 petitioner invited my attention to the material on record in - 3 - NC: 2025:KHC:21493 CRL.P No. 8399 of 2025 HC-KAR 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 and the impugned remand of the petitioner to the judicial custody be quashed and concerned respondents be directed to release the petitioner on bail. It is submitted that insofar as accused Nos.2, 3 and 5 are concerned, a co-ordinate Bench of this Court has confirmed their release on interim bail, which were made absolute vide final orders dated 14.05.2025 passed in Crl.P.No.1884/2025; 28.03.2025 passed in Crl.P.No.2751/2025 and 28.03.2025 passed in Crl.P.No.2776/2025 respectively. 4. Learned Addl.SPP for respondents submits that grounds of arrest were not furnished / communicated to the petitioner as required in law and necessary orders in the instant case may be passed. - 4 - NC: 2025:KHC:21493 CRL.P No. 8399 of 2025 HC-KAR 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., 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 20.10.2024 and consequential remand order dated 20.10.2024 passed by the XXXIII Addl.City Civil and Sessions Judge, Bangalore, in Crime No.333/2024 registered by the 1st respondent – Police, are hereby quashed. (iii) Respondents 1 and 2 as well as the 3rd respondent - Jail Authorities are directed to release the petitioner on bail forthwith and immediately upon receipt of a copy of this order, subject to the following conditions: - 5 - NC: 2025:KHC:21493 CRL.P No. 8399 of 2025 HC-KAR 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) The petitioner shall co-operate with the investigation; d) The petitioner shall not leave the jurisdiction of this Court without the prior permission of the Court; 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 the date of his release. f) The petitioner shall produce his address / identity proof before the Jail authorities at the time of his release. g) The petitioner shall mark his attendance before the SHO of the jurisdictional police station on Sunday between 10.00 a.m. and 02.00 p.m., once in two weeks. h) Liberty is reserved in favour of the prosecution as well as the Trial Court to take appropriate action against the petitioner including cancellation of the bail, in the event he violates any of the terms and conditions mentioned above. - 6 - NC: 2025:KHC:21493 CRL.P No. 8399 of 2025 HC-KAR Registry is directed to communicate this order to the respondents 1 and 2 as well as the 3rd respondent - 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 Srl.