IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4760 OF 2025 BETWEEN:

SHRI KALYAN SINGH, S/O JABBAR SINGH, AGED ABOUT 35 YEARS, R/AT #G4 PREM KIRAN PLAZA, 2^ND CROSS, VASANTHAPPA BLOCK, GANGANAGARA BENGALURU NORTH, R T NAGAR, BENGALURU, KARNATAKA- 560 032.

…PETITIONER (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA, BY CHIKKABANAVAR P S, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

Digitally signed by R 2. SHRI DHASHARATH, HEMALATHA S/O K R SINGH, Location:

High Court of AGED ABOUT 20 YEARS, Karnataka R/AT NEAR BANK OF BARODA, CHIKKABANAVAR, BENGALURU CITY-560 090.

…RESPONDENTS (BY SRI M.V ANOOP KUMAR, HCGP FOR R-1)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)

TO QUASH THE COMPLAINT DATED 21.07.2024 AT ANNEXURE-A LODGED BY RESPONDENT NO.2, SUBSEQUENT FIRST INFORMATION REPORT BEARING CR.NO.0063/2024 DATED 21.07.2024 AT (ANNEXURE-B) REGISTERED BY THE RESPONDENT NO.1 POLICE FOR THE OFFENCE P/US/ 125(a) AND 281 OF BNS, 2023 PENDING ON THE FILE OF JUDICIAL MAGISTRATE FIRST CLASS (TRAFFIC COURT-III) BENGALURU CITY AND THE IMPUGNED REQUISITION DATED 14.03.2025 AT (ANNEXURE-D) MADE BY RESPONDENT NO.1 POLICE AND IMPUGNED ORDER DATED 14.03.2025 AND 22.03.2025 AT (ANNEXURE-E AND F) PASSED BY THE JUDICIAL MAGISTRATE FIRST CLASS (TRAFFIC COURT-III) BENGALURU CITY AGAINST THE PETITIONER.

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

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

The petitioner, who is arrested in Crime No.0063/2024 registered for the offences punishable under Section 125 (a) and

281 of BNS 2023 is before this Court seeking the relief.

2. Primary contention of the petitioner is that, the arrest is vitiated for violation of Article 22(1) of the Constitution of India, as no grounds of arrest was served on the petitioner at the time of arrest.

3. The learned High Court Government Pleader for the respondent - State has placed on record the intimation of grounds of arrest served on the accused under Section 47(1) of BNSS

2023.

4. Perusal of the same indicates that except mentioning the Crime Number and the offences invoked against the petitioner, there are no grounds are disclosed for arresting the petitioner.

5. The Hon'ble Apex Court in the case of Vihaan Kumar -vs-

The State of Haryana & Another, reported in (2025) 2 SCR 424 has reiterated that the requirement of informing the person arrested of the grounds of arrest is not a mere formality, but a mandatory constitutional requirement. Article 22 is included in Part III of the Constitution under the heading of fundamental rights. Thus, it is the fundamental right of every person - who is arrested and detained in custody, to be informed of the grounds of arrest as soon as possible. If the grounds of arrest are not informed as soon as may be after the arrest, it would amount to a violation of the fundamental right of the arrestee as guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty, to effectively challenge the arrest. Article 21 of the Constitution states that no person can be deprived of his liberty, except in accordance with the procedure established by law.

6. In the light of the decision of the Apex Court in the aforesaid case, the arrest of the petitioner stands vitiated for violation of Article 22 (1) of the Constitution of India and in such circumstances, the petitioner is entitled to be released from judicial custody.

7. Accordingly, this petition is allowed.

8. The Jail Superintendent of Central Prison, Bengaluru, is hereby directed to release the petitioner-accused forthwith from judicial custody in relation to Crime No.0063/2024, registered by Chikkabanavara Traffic Police Station, Bengaluru City, subject to the following conditions:

i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety fo