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KARNATAKA HIGH COURT
S VISHWAJITH SHETTY, J
OM PRAKASH GUPTA (A-1) – Appellant
Versus
STATE BY NCB, BZU P S – Respondent
| Table of Content |
|---|
| 1. arrest conducted without legally required grounds. (Para 1 , 3) |
| 2. legal representation asserts parity in bail conditions. (Para 4 , 5) |
| 3. supreme court mandates informed arrest grounds as constitutional right. (Para 6 , 7 , 8) |
ORAL ORDER
2. Heard the learned counsel for the parties.
4. Per contra, learned Counsel appearing for respondent on instructions submits that in view of the order passed by the co-ordinate Bench of this Court in Crl.P.No.7037/2025 petitioner is entitled for bail on the ground of parity.
6. The co-ordinate Bench of this Court considering the fact that accused No.1 was not served with the grounds of arrest at the time of his arrest, has directed to release him on bail in Crl.P.No.7037/2025 disposed of on 10.06.2025. In view of the judgement 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. In paragraph No.14 of the order passed in the case of Vihaan Kumar (supra) the H
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