Failure to communicate grounds for arrest violates constitutional rights, necessitating quashing of the arrest and remand orders.

ORDER :

1. In this petition the petitioner seeks the following reliefs:

"The above name Petitioner humbly pray that this Hon'ble Court be pleased to quash the arrest of Petitioner dated 05.03.2024 and remand order dated 05.03.2024 in Cr.No.70/2024 of Kaggalipura PS for offence punishable under section 302, 34 of IPC pending on the file of VI Addl District and sessions judge at Bengaluru Rural District, Bengaluru in SC.No.241/2024 and consequently direct respondent.no.2 to release the petitioner from judicial custody in the interest of justice."

2. Heard.

3. Perusal of the records indicate that the petitioner is arrayed as accused No.2 in the impugned proceedings in which one Sri. Babu is arrayed as accused no.1 and Hemanth G.C. is arrayed as accused No.4, both of whom have been released from custody pursuant to the order at Annexure 'F' dated 10.06.2025 passed in Crl.P.No.7158/2025 and Crl.P.No.8397/2025 dated 20.06.2025. Insofar as accused No.1, Sri. Babu is concerned, this court passed the following order.

ORDER :

In this petition, petitioner seeks for the following relief:-

“Wherefore the petitioner prays that this Hon’ble Court may be pleased to Quash the order on dated: 11.03.2024 on arrest by II Addl. Chief Judicial Magistrate Bengaluru Rural, Bengaluru and the remand application dated:11.03.2024 is produced at Annexure-A and the Remand application at Annexure-b. for the offence punishable under Section 302, 34 of the IPC IN FIR Cr. No.70/2024 later inserted section 120(b) in the charge sheet, hence this petition in the interest of Justice.”

2. Heard learned counsel for the petitioner and learned Addl. SPP for 1st respondent and perused the material on record. For the order proposed, notice to 2nd respondent is dispensed with.

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 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.

4. Per contra, learned Addl.SPP submits that at the time of arrest of the petitioner on 11.03.2024 at about 9.30 a.m., grounds of arrest were not furnished to the petitioner or to his relatives as required in law and necessary orders may be passed in the instant case.

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. In the result, I pass the following:-

ORDER :

(i) Petition is hereby allowed.

(ii) The impugned arrest of the petitioner on 11.03.2024 in Crime No.70/2024 registered by the 1st respondent - Police and consequential remand order dated 11.03.2024 passed by the II ACJM, Bangalore Rural District, Bangalore, are hereby quashed.

(iii) The 1st respondent as well as the concerned Jail Authorities are directed to release the petitioner on bail forthwith and immediately upon receipt of a copy of this order, subject to the fol