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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
Mohammed Saquib, S/o. Mohammed Shahid Pasha – Appellant
Versus
State Of Karnataka, Represented By Learned State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. bail petition filed with specific charges (Para 1 , 12) |
| 2. arguments on procedural compliance and witness safety (Para 3 , 4) |
| 3. court's examination of adherence to arrest procedures (Para 5 , 6 , 10 , 11 , 13) |
| 4. judicial precedents clarify grounds of arrest requirements (Para 7 , 8 , 9) |
| 5. petition dismissed based on findings (Para 14) |
ORDER :
SHIVASHANKAR AMARANNAVAR, J.
1. This petition is filed by accused No. 2 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ` BNS S ’) praying to grant bail in crime No. 63/2025 of Gulpete Police Station, Kolar, registered for offence punishable under Sections 61 , 103, 115(2) read with Section 3 (5) of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as ` ’).
2. Heard learned Senior counsel for petitioner – accused No. 2 and learned HCGP for respondent – State.
3. Learned Senior counsel for petitioner – accused No. 2 would contend that the grounds of arrest are not furnished to the accused. Only information of arrest has been given to the relatives. Furnishing of grounds of arrest is mandatory in view of the decision of the Hon’ble Apex Court in the case of Vihan Kumar Vs. State of
Procedural lapses in communicating grounds of arrest do not automatically render custody illegal unless they cause demonstrable prejudice, emphasizing compliance with Articles 21 and 22(1) of the Con....
Failure to serve grounds of arrest immediately renders the arrest illegal, entitling the accused to bail, emphasizing the importance of personal liberty and compliance with constitutional rights.
Failure to communicate arrest grounds does not automatically entitle a petitioner to bail involving serious narcotics charges under the NDPS Act.
Absence of written grounds of arrest does not mandate bail absent prejudice; substantial compliance via awareness suffices in serious offences, especially pre-'henceforth' rulings.
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