IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3301 OF 2025 (GM-RES)

BETWEEN:

F.M.FIROZ KURESHI S/O. F.M. FAROOQ KURISHI AGED ABOUT 33 YEARS R/AT NO.230, 7^TH CROSS, “B” BLOCK SUBHASH NAGAR, BEGURU BENGALURU – 560 068.

…PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY PARAPPANA AGRAHARA POLICE STATION BANGALORE CITY REP. BY SPP HIGH COURT BUILDING BANGALORE-01.

2. SMT. GOWRAMMA W/O. HANUMANTHAPPA Digitally AGED ABOUT 45 YEARS signed by CHANDANA HOUSE NO.234, C.K.NAGAR B M HOSA ROAD, SINGASANDRA VILLAGE Location: BENGALURU – 560 010.

High Court …RESPONDENTS of Karnataka (BY SRI. THEJESH.P, HCGP FOR R-1)

THIS W.P. IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO QUASH THE IMPUGNED REMAND ORDERS DATED 14.12.2024 AND 16.12.2024 VIDE ANNEXURE-A IN CRIME NO.554/2024 PENDING ON THE FILE OF LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGALURU FOR THE OFFENCES PUNISHABLE U/S 118(1), 3(5), 329(4), 351, 79 OF BNS AND SECTION 3(1)(R), 3(1)(S), 3(2)(V-A) OF SC AND ST (PREVENTION OF ATTROCITIES ACT 1989 BY PARAPPANA AGRAHARA POLICE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks the following relief:

“(a) Issue a writ of certiorari or in the nature thereof or any other appropriate writ, quashing the impugned remand orders dated 14.12.2024 & 16.12.2024 vide Annexure – A in Crime No.554/2024 pending on the file of LXX Addl. City Civil & Sessions Judge & Special Judge at Bengaluru for the offences punishable under Sections 118(1), 3(5), 329(4), 351, 79 of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of SC & ST (Prevention of Atrocities Act), 1989 by Parappana Agrahara Police in the interest of justice and equity.

(b) Issue writ of mandamus or any other writ declaring that the arrest of petition dated 13.12.2024 at 06.30 p.m. by the respondent police in Cr.No.554/2024 is illegal for non-compliance of law laid down by the Apex Court in the case of Prabir Purkayastha Vs. State (NCT of Delhi) – reported in (2024) 8 SCC 254 & in T.Pankaj Bansal Vs. Union of India – (2024) 7 SCC 576 vide Annexure – F.

(c) To pass any such order as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice and equity.”

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and perused the material on record. For the order proposed, notice to respondent No.2 is dispensed with.

3. A perusal of the material on record will indicate that pursuant to a complaint lodged by respondent No.2 – complainant against the petitioner inter alia alleging that the petitioner – accused No.1 was guilty of offences punishable under Section 3(1)(r), 3(1)(s) and 3(2)(v-a) of the SC and ST (Prevention of Atrocities Act), 1989 and Section 118(1), 3(5), 329(4), 351 and 79 of BNS, 2023, the respondent No.1 – Police registered an FIR in Crime No.554/2024 against the petitioner on 06.12.2024 pursuant to which, the petitioner – accused No.1 was arrested on 13.12.2024 at 06:30 p.m. without communicating, furnishing or intimating the grounds of arrest to the petitioner. Under these circumstances, the petitioner approached this Court in the present petition and an interim order dated 06.02.2025 was passed by this Court as hereunder:

"Heard learned counsel for the petitioner and learned Addl. SPP for the State and perused the material on record.

2. In this petition, petitioner-accused No.1 seeks declaration that his arrest by the 1^st respondent – Police on 13.12.2024 was illegal as well as setting aside of the impugned remand orders dated 14.12.2024 and 16.12.2024 at Annexure-A in Crime No.554/2024 registered by the 1st respondent – police for the offences punishabl