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M. NAGAPRASANNA
John Moses D @ Madan Kumar, S/o John Devamani – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
The petitioner is knocking at the doors of this Court seeking a declaration that the arrest of the petitioner is illegal and in gross violation of his fundamental rights, guaranteed under Articles 21 and 22 of the Constitution of India in Crime No.8 of 2022 and has sought quashment of remand order dated 22-07-2024 to be again in violation of the said constitutional mandate and seeks release of the petitioner as a consequence of holding the arrest to be illegal.
2. Heard the learned senior counsel Sri Sandesh J Chouta appearing for the petitioner and Sri Ashok Naik, learned Special Public Prosecutor for the respondent.
3. Sans details, facts in brief, germane are as follows:-
The backdrop of the present proceedings is from a crime registered in Crime No.467 of 2021 for offences punishable under Sections 417, 420, 465, 468, 471, 120B r/w 34 of the IPC against John Moses, accused No.1; S.N.Narendra, accused No.2, Smt. Kanthamma, accused No.3 and Chaitra, accused No.4. The FIR pertaining to the said offence was transferred to the Crime Investigation Department. The Crime Investigation Department then registers a fresh crime in Crime No.8 of 2022 for the aforesaid offences. The inve
The court ruled that while informing the grounds of arrest is mandatory, recent Supreme Court interpretations regarding PMLA and UAPA do not apply to general offenses under IPC or KCOCA.
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 court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
(1) Arrest – Any person arrested for allegation of commission of offences under provisions of UAPA or any other offences has a fundamental and a statutory right to be informed about grounds of arrest....
Supply of documents to arrestee – Person asserted, if he is informed or made aware orally about grounds of arrest at the time of his arrest and is furnished a written communication about grounds of a....
Absence of written grounds of arrest does not mandate bail absent prejudice; substantial compliance via awareness suffices in serious offences, especially pre-'henceforth' rulings.
The failure to inform an arrested person of the grounds for their arrest violates fundamental rights under Articles 21 and 22(1) of the Constitution, rendering the arrest illegal and justifying bail.
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
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