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2024 Supreme(Online)(KAR) 39097

HIGH COURT OF KARNATAKA
M. NAGAPRASANNA, J
JOHN MOSES D @ MADAN KUMAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


Petitioner Advocates:SUNIL KUMAR S ,Respondent Advocate:

CAV ORDER

The petitioner is knocking at the doors of this Court seeking a declaration that the arrest of the petitioner is illegal and in gross violation of his fundamental rights, guaranteed under Articles 21 and 22 of the Constitution of India in Crime No.8 of 2022 and has sought quashment of remand order dated 22-07-2024 to be again in violation of the said constitutional mandate and seeks release of the petitioner as a consequence of holding the arrest to be illegal.

2. Heard the learned senior counsel Sri Sandesh J Chouta appearing for the petitioner and Sri Ashok Naik, learned Special Public Prosecutor for the respondent.

3. Sans details, facts in brief, germane are as follows:-

The backdrop of the present proceedings is from a crime registered in Crime No.467 of 2021 for offences punishable under Sections 417, 420, 465, 468, 471, 120B r/w 34 of the IPC against John Moses, accused No.1; S.N.Narendra, accused No.2, Smt. Kanthamma, accused No.3 and Chaitra, accused No.4. The FIR pertaining to the said offence was transferred to the Crime Investigation Department. The Crime Investigation Department then registers a fresh crime in Crime No.8 of 2022 for the aforesaid offences. The

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