Failure to serve grounds of arrest entitles an accused to bail, establishing the necessity of procedural compliance in the arrest process.

ORAL ORDER

Accused No.5 in Crime No.150/2024 registered by Ullal Police Station, Mangaluru City, for offences punishable under Sections 189 (2), 191(2), 191(3), 352, 351(2), 126(2), 118(2), 351(3), 61(2), 103, 241 read with Section 190 of BNS, 2023 and Section 25 of the Arms Act is before this Court under Section 483 of BNSS, 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.150/2024 was registered by Ullal Police Station, Mangaluru City, for offences punishable under Sections 189 (2), 191(2), 191(3), 352, 351(2), 126(2), 118(2), 103 read with Section 190 of BNS, 2023 against Mohammad Noushad and others, based on the first information dated 11.08.2024, received from Smt.Sumayya Banu w/o of deceased Muhammad Sameer Ali.

4. During the course of investigation of the case, petitioner herein was arrested on 20.08.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against five persons and petitioner is arraigned as accused No.5 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.32/2025 was rejected on 30.01.2025.

Therefore, petitioner is before this Court.

5. Learned Counsel for the petitioner submits that accused Nos.1 to 4 have been enlarged on bail by the co-ordinate Bench of this Court, on the ground that grounds of arrest was not served on the arrested accused in the present case. He submits that on the very same ground, the petitioner is also entitled for the relief sought by this petition. Accordingly, he prays to allow this petition.

6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner.

7. Petitioner was arrested in the present case on

20.08.2024. Accused Nos.1 to 4, were arrested in the present case on 13.08.2024. Accused Nos.1 to 4 have been directed to be released on bail by the co-ordinate Bench of this Court in Crl.P.No.6281/2025 disposed of on 29.04.2025, on the ground that grounds of arrest was not served on them and therefore, they are entitled for bail, in view of the judgment of the Hon'ble Supreme Court in the case ofPankaj Bansal Vs Union Of India - (2024)7 SCC 576 andPrabir Purkayastha Vs State (NCT OF DELHI) (2024)8 SCC 254 , wherein it is held that service of grounds of arrest on the accused who is arrested is mandatory and failure to comply the said requirement would entitle the accused for bail.

8. Learned HCGP on instructions has submitted that even the petitioner was not served with the grounds of arrest, after he was arrested on 20.08.2024. Therefore, I am of the opinion that petitioner's prayer for grant of regular bail needs to be answered affirmatively on the ground of parity. Accordingly, the following:

ORDER

The petition isallowed The petitioner is directed to be enlarged on bail in Crime No.150/2024 registered by Ullal Police Station, Mangaluru City, for offences punishable under Sections 189 (2), 191(2), 191(3), 352, 351(2), 126(2), 118(2), 351(3), 61(2), 103, 241 read with Section 190 of BNS, 2023 and Section 25 of the Arms Act , subject to the following conditions:

a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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