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.

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 who was granted bail in Crime No.467/2021 was released from the Central Prision, Parappana Agrahara, Bengaluru, on 21.07.2024 and immediately thereafter, he was arrested in the present case. In the meanwhile, on 20.07.2024, the competent authority had granted prior approval for invocation of the provisions of KCOCA against the accused in Crime No.8/2022, and therefore, the petitioner who was arrested on 21.07.2024 was produced before the Special Court on 22.07.2024 and remanded to judicial custody. Bail application filed by the petitioner before the Special Court under Section 439 Cr.PC was thereafter rejected on 03.09.2024. Therefore, the petitioner is before this Court.

4. Learned Senior Counsel appearing for the petitioner submits that FIR in Crime No.8/2022 was initially registered for the offences punishable under Sections 465, 468, 471, 420, 417, 120B, 34 IPC. Multiple FIRs of similar nature have been registered against the petitioner and in all the cases wherein he was arrested, petitioner has been granted regular bail.

Therefore, the provisions of KCOCA has been belatedly invoked in the present case. Initially, the Court of Magistrate had refused to remand the petitioner to judicial custody in the present case. Thereafter, he was released from the prison and the police have arrested him immediately and produced him before the Special Court which has remanded him to judicial custody. Investigation of the case is completed, and therefore, petitioner's custody is no more required. The grounds of arrest were not served on the petitioner on the date of his arrest. Therefore, petitioner's remand is bad in law. In support of his arguments, he has placed reliance on the following judgments:

(i) PANKAJ BANSAL VS UNION OF INDIA - (2024)7 SCC 576;

(ii) PRABIR PURKAYASTHA VS STATE (NCT OF DELHI) - 2024 SCC OnLine SC 934;

(iii) ARVIND KEJRIWAL VS DIRECTORATE OF ENFORCEMENT - 2024 SCC OnLine SC 1703;

(iv) SYED SAJJAD ALI VS THE SENIOR INTELLIGENCE OFFICER - CRL.P.No.5435/2024 disposed of on 05.07.2024;

(v) MAHESH PANDURANG NAIK VS THE STATE OF MAHARASHTRA & ANR. - W.P.(ST) No.13835/2024, DISPOSED OF ON 18.07.2024;

(vi) HEM PRABHAKAR SHAH VS STATE OF MAHARASHTRA - 2024 SCC OnLine Bom 3006;

(vii) RAJASHREE BHAUSAHEB VIKHE PATIL VS THE STATE OF MAHARASHTRA - W.P.No.3476/2024 disposed of on 22.08.2024;

(viii) SACHIN MAHIPATI NIMBALKAR VS STATE OF MAHARASHTRA THROUGH KARAD CITY POLICE STATION - 2024 SCC OnLine Bom 3493;

(ix) MANULLA M.KANCHWALA VS THE STATE OF MAHARASHTRA - CRIMINAL WRIT PETITION No.3276/2024 disposed of on 14.08.2024;

(x) KVR VIDYASAGAR VS STATE OF ANDHRA PRADESH & OTHERS - 2024 SCC OnLine AP 4844.

5. Learned Senior Counsel further submits that remand cannot be made blindly without application of mind, and in this regard, he has placed reliance on the judgm