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 WRIT PETITION NO. 9519 OF 2025 (GM-RES)

BETWEEN:

1. IRFATH ULLAH KHAN @ ARFATH KHAN S/O AMJAD KHAN, AGED ABOUT 30 YEARS RESIDING AT NO.210, 2^ND CROSS, 2^ND STAGE, RAJIV NAGAR, MYSURU, KARNATAKA - 570007.

…PETITIONER (BY MISS. SANJANA G.L., ADVOCATE FOR SRI. MUZAFFAR AHMED, ADVOCATE)

AND:

1. THE STATE BY UDAYAGIRI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA Digitally signed by R HEMALATHA BANGALORE-560 001.

Location: H igh Court of

2. SMT. SHAHEEN TAJ Karnataka AGED ABOUT 52 YEARS RESIDING AT NO.2315, FIRST STAGE, GROUND FLOOR, RAJIV NAGAR, MYSURU, KARNATAKA - 570007.

…RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1;

NOTICE TO R2 IS D/W)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.03.2025 VIDE ANNEXURE-C IN CRIME NO.43/2025 PENDING ON THE FILE OF II ADDL. C.J AND CJM AT MYSURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 80, 85 103(1) AND 3(5) OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA 2023 REGISTERED BY THE RESPONDENT POLICE AT UDAYAGIRI POLICE STATION AT MYSURU.

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 (accused No.**1), who was arrested on

17.3.2025 in Crime No.43/2025 registered for the offences punishable under Sections 80, 85,103(1), 3(5) of BNS, 2023, is before this Court seeking relief.

2. The primary contention of the petitioner is that the petitioner was arrested without serving grounds of arrest as mandated under Article 22(1) of the Constitution of India, and therefore, the arrest stands vitiated.

3. The learned High Court Government Pleader for the respondent - State submitted that there is evidence against the petitioner for having committed aforesaid offences, and the petitioner was arrested after following the due process of law. 4. The petitioner was served with arrest intimation letter reflecting the crime registered against the petitioner; a perusal thereof however, does not disclose the grounds of arrest of the * Page Nos.2 to 4 are retyped and replaced vide chamber order dated 15.04.2025 **corrected vide chamber order dated 17.04.2025 petitioner, and the same is in violation of Article 22(1) of the Constitution of India.

5. The Hon'ble Apex Court in the case of Vihaan Kumar (supra) 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 herein is held to be illegal and without the authority of law.

7. Accordingly, this petition is allowed.

8. The Jail Superintendent of Central Prison, District Prison, Mysuru is hereby directed to release the petitioner-accused forthwith from the judicial custody in Crime No.43/2025 registered by the Udayagiri Police Station, **Mysuru, for the offences **corrected vide chamber order dated 17.04.2025 punishable under Sections Sections 80, 85,103(1), 3(5) of BNS, 2023 subject to the following conditions:

i) The petiti