An accused can be formally arrested in a different case while in custody for another, provided legal procedures are followed.

ORAL ORDER

1. Accused nos.1 & 2 in S.C.No.9/2025 pending before the Court of VI Addl. District & Sessions Judge, Bengaluru Rural District, arising out of Crime No.129/2024 registered by Madanayakanahalli Police Station, Bengaluru, for the offences punishable under Sections 302 , 392, 120B read with 34 of IPC, are 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.129/2024 was registered by Madanayakanahalli Police Station, Bengaluru, initially for the offences punishable under Sections 302 & 201 of IPC against the petitioners based on the first information dated 13.02.2024 received from Devaraj S/o Kalappa.

4. It appears that petitioners who were in judicial custody in Crime No.248/2024 registered by Tavarekere Police Station, Bengaluru, for the offences punishable under Sections 309(6), 329(4), 126(2) & 311 of BNS, 2023, were produced under body warrant in Crime No.129/2024 before the jurisdictional Court of Magistrate on 12.11.2024 and at request, the petitioners were remanded to police custody in Crime No.129/2024 till 20.11.2024. On 16.11.2024, petitioners were produced before the Court of learned Magistrate in Crime No.129/2024 with a requisition to remand them to judicial custody. However, the learned Magistrate on the said date, rejected the requisition of the Investigating Officer and remanded the petitioners to judicial custody in Crime No.248/2024 registered by Tavarekere Police Station. After completing investigation in Crime No.129/2024, charge sheet was filed against the petitioners for the aforesaid offences, and thereafter, the case was committed to jurisdictional Sessions Court and numbered as S.C.No.9/2025 which is now pending before the Court of IV Addl. District & Sessions Judge, Bengaluru Rural District. In the said case, petitioners had filed bail application under Section 439 of Cr.PC seeking regular bail and the same was rejected on 03.05.2025. Therefore, they are before this Court.

5. Learned Senior Counsel appearing for the petitioners having reiterated the grounds urged in the petition, submits that petitioners were not remanded to judicial custody in Crime No.129/2024 registered by Madanayakanahalli Police Station, and therefore, their custody in the said case was illegal. The learned Sessions Judge has erred in rejecting their bail application. Petitioners have been enlarged on bail in S.C.No.33/2025 arising out of Crime No.248/2024 registered by Tavarekere Police Station. Therefore, they are entitled for bail.

6. Per contra, learned SPP submits that as on the date of rejection of petitioners bail application in S.C.No.9/2025 arising out of Crime No.129/2024, petitioners were not at all in custody. They were released from jail in S.C.No.33/2025 arising out of Crime No.248/2024 much prior to rejection of their bail application in the present case on 03.05.2025. Subsequently, they have been now arrested by executing non- bailable warrant issued by the Trial Court in S.C.No.9/2025.

After they were arrested and remanded to judicial custody in S.C.No.9/2025, they have not approached the Trial Court seeking regular bail, and therefore, this petition cannot be entertained. He submits that after charge sheet was filed in Crime No.129/2024, the committal court without appreciating that accused in the said case were neither arrested and remanded to custody nor were granted anticipatory bail in the said case, had committed the case to the Court of jurisdictional Sessions Judge and it appears that therefore, a confusion arose before the court of learned Sessions Judge. Accordingly, he prays to dismiss the petition.

7. The records in the present case reveal that the