The failure to communicate grounds of arrest violates constitutional rights, necessitating quashing of the remand order.

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:

a) Call for records; Allow this Criminal petition and quash the order dated 24.01.2025 passed by the learned Magistrate remanding the petitioners along with FIR and complaint in Crime No.11/2025 registered by Respondent No.1 Police Station on the file of learned I Additional CMM Court, Bengaluru for the offences alleged punishable under Section 109 , 118(1), 3(5) of BNS, 2023 and Section 30 of Arms Act, 1959 , in the interest of justice and equity.

b) Grant such other relief or reliefs as this Hon’ble Court may deem fit to grant, in the facts and circumstances of the case, in the interest of justice and equity.

2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

3. Petitioner has also sought for reliefs by way of interim bail, which was granted vide order dated 27.01.2025, which reads as under:

The question of maintainability is kept open for the present.

1. In this petition, petitioners-accused Nos.1 and 2 seek quashing of the impugned remand order dated 24.01.2025 as well as impugned FIR and complaint in Crime No.11/2025 registered by the 1^st respondent – Police, pending on the file of I Addl.CMM Court, Bangalore, for offences alleged under Sections 109 , 118(1) and 3(5) of BNS, 2023 and Section 30 of the Arms Act, 1959 and for other reliefs.

2. Along with the petition, petitioners have filed I.A.3/2025 seeking their release by way of interim bail pending disposal of the present petition.

3. Heard learned Senior counsel for the petitioner and learned HCGP for the 1^st respondent – State and perused the material on record.

4. Issue notice to the 2^nd respondent returnable by 17.02.2025.

5. Apart from urging other contentions, learned Senior counsel for the petitioners invited my attention to the material on record in order to point out that at the time of their arrest, neither the reasons for arrest nor the grounds of arrest had been informed, intimated or communicated to the petitioners as mandatorily required under Article 22(1) of the Constitution of India and Section 50(1) Cr.P.C. (Section 47 of BNS, 2023 ) and as such, the impugned arrest of the petitioners and remand as well as the impugned proceedings deserve to be quashed and the petitioners be released on interim bail immediately without any further delay. In support of his submissions, learned Senior counsel placed reliance upon the following judgments:-

(i) Pankaj Bansal vs. Union of India – (2024) 7 SCC 576 ;

(ii) Prabir Purkayastha vs. State (NCT of Delhi) – (2024) 8 SCC 254;

(iii) Joginderkumar vs. State of U.P. – (1994) 3 SCR 661 ;

(iv) D.K.Basu vs. State of West Bengal – (1996) SCR Suppl. 284;

6. Per contra, learned HCGP for the 1^st respondent – State would oppose the submissions made by the petitioners and submit that pursuant to the FIR in Crime No.11/2025 registered against the petitioners on 23.01.2025 at 7.30 p.m., the 1^st respondent – police had furnished / supplied / communicated the grounds of arrest to the petitioners on 24.01.2025 at 4.30 p.m. as can be seen from the Memorandum of Grounds of Arrest and as such, petitioners are not entitled to any of the reliefs sought for by them.

7. A perusal of the material on record including the OPD summary of the petitioners at K.C.General Hospital, Bangalore, will indicate that the petitioners had been arrested on 23.01.2025 itself and had been taken for medical checkup in the aforesaid Hospital at around 12.45 a.m. in the midnight of 23.01.2025 which falsifies the alleged Memorandum of grounds arrest which indicates that the same was served subsequently upon the petitioners on 24.01.2025 at 4.30 p.m.; in other words, the contention of the 1^st respondent – Police that they arrested the petitioners at 4.30 p.m. on 24.01.