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S. VISHWAJITH SHETTY
John Moses D @ Madan Kumar S/O John Devamani – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
1. Accused no.1 in Crime No.8/2022 registered by Bharathi Nagar Police Station, Bengaluru City, for the offences punishable under Sections 465, 468, 471, 420, 417, 120B, 34 IPC and Section 3 of Karnataka Control of Organised Crime Act, 2000 (for short, 'KCOCA'), is before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.8/2022 was registered by Bharathi Nagar Police Station, Bengaluru City, for the aforesaid offences against the petitioner herein and others on the basis of the first information dated 25.01.2022 received from C.Bhaskar, Inspector of Police, Special Investigation Team, CID, Bengaluru. In the said case, requisition seeking body warrant of the petitioner who was arrested on 28.05.2024 in Crime No.467/2021 registered by Banaswadi Police Station, Bengaluru City, for similar offences, was filed before the jurisdictional court of Magistrate and he was produced before the jurisdictional Magistrate in Crime No.8/2022 on 15.07.2024 and remanded to police custody for a period of six days. Subsequently, he was remanded to judicial custody in the main case i.e., Crime No.467/2021. Petitioner w
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 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.
(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....
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.
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
The requirement to inform an arrested person of the grounds for arrest is a constitutional obligation that, if breached, may vitiate the legality of the arrest.
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 ....
The requirement to provide written grounds of arrest is mandatory under Article 22(1) of the Constitution, and failure to comply renders the arrest illegal.
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