The failure to communicate grounds of arrest as required by law entitles the arrested individual to have their arrest quashed and to be released on bail.

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

“The above named Petitioner humbly pray that this Hon’ble Court be pleased to quash the arrest of Petitioner dated 12.09.2024 in Cr.No.290/2024 of Hoskote PS for offence punishable under Section 103(1) of BNS pending on the file of Principal District and Sessions Court Bengaluru Rural, at Bengaluru, in S.C.No.15/2025 and consequently release the petitioner from judicial custody in the interest of justice.”

2. Heard learned counsel for the petitioner and learned Addl. SPP for respondent No.1 and perused the material on record.

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 ofPankaj 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, 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 Additional SPP submits that at the time of arrest of the petitioner on 12.09.2024, 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 12.09.2024 in Crime No.290/2024 registered by the 1^st respondent - Police is hereby quashed.

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

a) The petitioner shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ;

b) The petitioner shall not involve in similar offences in future;

c) The petitioner shall co-operate with the investigation;

d) The petitioner shall not leave the jurisdiction of this Court without the prior permission of the Court;

e) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the Trial Court within a period of two weeks from the date of his release.

f) The petitioner shall produce his address / identity proof before the Jail authorities at the time of his release.

g) The petitioner shall mark his attendance before the SHO of the jurisdictional police station between 10.00 a.m. and 02.00 p.m., once in two weeks.

h) Liberty is reserved in favour of the prosecution as well as the Trial Court to take appropriate action against the petitioner including cancellation of the bail, in the event he violates any of the terms and conditions mentioned above.

Registry is directed to communicate this order to the 1^st respondent as well as the concerned Jail Authorities forthwith, without any delay, both electronically and telephonically to enable immediate implementa