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2025 Supreme(Online)(Kar) 18979

KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SRI. PUNITH. P W/O. PRAKASH – Appellant
Versus
STATE BY BASAVESHWARANAGARA POLICE – Respondent


Advocates:
For the Appellants/Petitioners: SRI. GIRI K.
For the Respondents: SRI.B.N. JAGADEESHA

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The petitioner filed a writ petition seeking to quash the FIR and the proceedings against him on the grounds of procedural irregularities and illegal arrest (!) (!) .

  2. The police issued a notice under Section 35(3) of the BNSS Act, 2023, calling the petitioner to appear on the same day without specifying a proper time or allowing sufficient notice, which contravenes statutory requirements (!) (!) .

  3. The petitioner was arrested on the same day, shortly after the notice was issued, which the court found to be in violation of the prescribed procedures under Sections 35(3) to (6) of the BNSS Act, 2023 (!) .

  4. The court emphasized that proper adherence to statutory notice and arrest procedures is essential to uphold the petitioner’s rights and prevent illegal detention (!) .

  5. The court observed that the respondent police's actions, including the immediate arrest following the notice, lacked compliance with the statutory mandates and legal procedures, rendering the arrest illegal (!) .

  6. As a result, the court partly allowed the petition, quashing the petitioner’s arrest and directing the authorities to release him immediately (!) (!) .

  7. The court also granted liberty to the petitioner to apply for bail or anticipatory bail, which the trial court is instructed to consider within a week of such application (!) .

  8. Additionally, the authorities are restrained from taking coercive steps against the petitioner for ten days, provided he cooperates with the ongoing investigation (!) .

  9. The order emphasizes the petitioner’s right to approach the court again or pursue other legal remedies if necessary, and directs the registry to communicate the order promptly to relevant authorities for immediate implementation (!) .

  10. Overall, the judgment underscores the importance of following statutory procedures in arrest cases to prevent violations of constitutional and legal rights.


Table of Content
1. petition seeks to quash fir and arrest based on procedural irregularities. (Para 2 , 3)
2. notice under section 35(3) issued but disregarded procedures prior to arrest. (Para 5 , 6)
3. court emphasizes adherence to established procedures in arrest cases. (Para 7 , 8 , 10)
4. petition allowed in part; arrest quashed with directions regarding bail. (Para 9)

ORAL ORDER

In this petition, petitioner seeks the following reliefs: “(a) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction to quash the FIR & Complaint in Crime No.266/2025, filed by the 1st Respondent against the petitioner for offences punishable under Sections 316(2), 318(4), 351(2), 352 r/w Section 190 of BNS Act and Section 9 of KPID Act (Annexure-A), presently pending before the Prl. City Civil & Sessions Judge, Bengaluru.

(b) Issue a writ in the nature of certiorari declaring that the arrest of the petitioner / accused No.2 in Crime No.266/2025, for the offence punishable under Sections 316(2), 318(4), 351(2), 352 r/w Section 190 of BNS Act and Section 9 of KPID Act by the Basaveshwara Nagar Police is illegal without adhering to the rule of law as held by the Supreme Co

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