Reserved on : 20.02.2026 Pronounced on : 13.03.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.141 OF 2026 BETWEEN:

SHIVARAJ S., S/O SOMASHEKARAPPA AGED ABOUT 33 YEARS R/AT GURUPURA 1^ST CROSS NAJUNDESHWARA ROAD VIDYANAGARA, SHIVAMOGGA – 577 201.

... PETITIONER (BY SRI UTSAV GOWDA P. S., ADVOCATE)

AND:

1 . STATE OF KARNATAKA N.R.PURA POLICE CHIKMAGALUR DISTRICT – 577 101 REPRESENTED BY SPP HIGH COURT COMPLEX BENGALURU -560 001.

2 . CHIEF SUPERINTENDENT DISTRICT PRISON CHIKMAGALUR – 577 101 REPRESENTED BY SPP HIGH COURT COMPLEX BENGALURU -560 001.

... RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, PRAYING TO QUASH THE ORDER OF REMAND DATED 26.05.2025 AND CONSEQUENTLY RELEASE THE PETITIONER PASSED IN CR.NO.43/2025 OF N.R. P.S. ON THE FILE OF CIVIL JUDGE AND JMFC N.R. PURA WHICH IS NOW PENDING BEFORE II ADDL. DIST. AND SESSIONS JUDGE AT CHIKKAMAGALURU IN SC.NO.113/2025 AND RELEASE THE PETITIONER.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 20.02.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner/accused No.2 is before the Court calling in question remand order dated 26-05-2025 and seeks consequential release of the petitioner in Crime No.43 of 2025 pending before the II Additional District and Sessions Judge, Chikmagalur in S.C.No.113 of 2025 for offence punishable under Sections 103(1) - murder, 55 and 3(5) of the BNS, on the ground that when the petitioner was taken into custody, he was not produced before the learned Magistrate within 24 hours, which is violative of the Constitutional right under sub-article (2) of Article 22 of the Constitution of India.

2. Heard Sri Utsav Gowda P.S., learned counsel appearing for the petitioner and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for the respondents.

3. Facts, in brief, germane are as follows: -

A crime comes to be registered in Crime No.43 of 2025 for offences punishable under Sections 55, 103(1) and3(5) of the BNS. The case of the prosecution is that accused No.1 had given supari to the petitioner/accused No.2 to murder her husband. The accused persons, therefore, had conspired the murder of the husband of accused No.1 and had executed the act on the night of 23-05-2025. The petitioner/accused No.2 was apprehended at Kachinakatte Bus Stop, Shivamogga at 3.30 p.m. on 25-05-2025. He was produced before the Police Sub-Inspector of the 1^st respondent/Police Station on the same day and, therefore, he was officially arrested at 5.00 p.m. on the same day by drawing up a detailed arrest panchanama. The details of grounds of arrest and reasons for arrest are furnished to the petitioner and his father. The petitioner was produced before the learned Magistrate on the next day at 5.25 p.m. As per the order of the learned Magistrate, the accused was arrested between 5.30 p.m. and 6.00 p.m. on 25-05-2025, the arrest was notified to the family members and was produced before him the next day at 5.25 p.m. The Police conduct investigation and file a charge sheet against the petitioner for offence of murder. On filing of the charge sheet, the petitioner seeks his release from prison on grant of regular bail. This comes to be rejected on 11-12-2025. After rejection of bail, the petitioner presents the subject petition on a plea that he was not produced before the learned Magistrate within 24 hours and, therefore, the remand application for judicial custody should be obliterated and he should be set at liberty.

4. The learned counsel appearing for the petitioner would reiterate the grounds set out in the petition by contending that there was a delay of one hour fifty-five minutes from the petitioner/accused No.2 being apprehended and delay of twenty-

five minutes from the time of official arrest in pr