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S. VISHWAJITH SHETTY
Sri Darshan – Appellant
Versus
State Of Karnataka By The Station House Officer, Kamakshipalya Police Station – Respondent
ORDER :
S Vishwajith Shetty, J.
1. Accused nos.1, 2, 6, 7, 11, 12 & 14 in Crime No.250/2024 registered by Kamakshipalya Police Station, Bengaluru City, for the offences punishable under Sections 120B, 364, 384, 355, 302, 201, 143, 147, 148, 149, 34 IPC, are before this Court in the above captioned criminal petitions filed under Section 439 Cr.PC. seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.250/2024 was registered by Kamakshipalya Police Station, Bengaluru City, against unknown persons initially for the offences punishable under Sections 302 & 201 IPC on the basis of the first information dated 09.06.2024 received from Keval Ran Dorji - Security Officer of Sattva Anugraha Apartments, Summanahalli, Bengaluru, after the dead body of a unknown male aged about 30 to 35 years which had injuries on it was found on the road side besides a drainage in front of Sattva Anugraha Apartment complex. During the course of investigation of the case, accused nos.1, 2, 11, 12 & 14 were arrested on 11.06.2024 and accused nos.6 & 7 were arrested on 14.06.2024. Subsequently, the aforesaid arrested accused were produced before the Court and remanded to judicial cust
Failure to serve grounds of arrest immediately renders the arrest illegal, entitling the accused to bail, emphasizing the importance of personal liberty and compliance with constitutional rights.
Procedural lapses in communicating grounds of arrest do not automatically render custody illegal unless they cause demonstrable prejudice, emphasizing compliance with Articles 21 and 22(1) of the Con....
The court affirmed that grounds of arrest must be communicated in writing to the accused, ensuring compliance with constitutional rights and enabling effective legal defense.
The requirement to inform an arrested person of the grounds for arrest and to ensure access to legal representation is a mandatory constitutional safeguard under Articles 21 and 22.
Failure to provide written grounds for arrest constitutes a violation of fundamental rights under Articles 21 and 22, rendering the arrest illegal.
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