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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Sunday Chukwudi S/o Ofozor – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. In this petition, the petitioner seeks following reliefs:
1. Set aside the order of arrest dated 12.07.2024 by the Respondent No.2 Parappana Agrahara P.S., Bengaluru City and order of remand dated 13.07.2024 passed by the Hon’ble IX Additional Chief Judicial Magistrate, Bengaluru in Crime No.357/2024 for the offences punishable under sections 8(c) and 22(c) of NDPS Act, R/w Section 14 of Foreigners Act, pending on the file of the Hon’ble XXXIII Addl. City Civil and Sessions Judge and Special Judge for NDPS cases (CCH-33), at Bengaluru and set at liberty forthwith;
2. Direct the Respondent No.3 to release/set at liberty the Petitioner forthwith in Crime No.357/2024, now pending on the file of the Hon’ble XXXIII Addl. City Civil and Sessions Judge and Special Judge for NDPS cases (CCH-33), at Bengaluru;
3. Pass such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.
2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner is arraigned as accu
The requirement to inform an arrested person of the grounds for their arrest, as mandated by Article 22(1) of the Constitution, is a mandatory condition that must be adhered to, failing which the arr....
(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....
The failure to communicate grounds of arrest constitutes a violation of constitutional rights under Articles 21 and 22(1), rendering the arrest illegal and necessitating bail even amidst statutory re....
Grounds for arrest must adequately inform the arrestee of accusations to uphold constitutional protections against unlawful detention, ensuring compliance with Article 22(1).
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 court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
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 requirement to communicate grounds of arrest is mandatory and non-compliance may vitiate the legality of the arrest.
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