Knife in the Dark: Karnataka HC Frees Murder Accused Over Police's Procedural Slip

In a stark reminder that even serious crimes like murder can't override constitutional safeguards, the High Court of Karnataka on February 10, 2026, partly allowed a bail petition by Nanjunda (Accused No. 2), ordering his release from custody. Justice Shivashankar Amarannavar ruled the arrest invalid because police failed to furnish written grounds of arrest, breaching Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 . While acknowledging a prima facie murder case, the court prioritized procedural compliance, allowing prosecutors to seek fresh remand.

Grudge Over Copra Turns Fatal

The tragedy unfolded in Banavara on April 4, 2025, around 11:30 p.m. Accused No. 1, previously employed by deceased Lakkappa , had been fired after being caught stealing copra. Insulted, he vowed revenge, reportedly telling Lakkappa he'd "show his other face."

Eyewitnesses (CWs 2-6) were playing chowkabara —a simple cross-and-circle game—near Basavanna's house when Accused No. 1 accused them of gambling and threatened a police call to 112. Lakkappa, informed later, confronted him with the group. Tension erupted: Nanjunada (with Accused No. 1) quarreled and allegedly fetched a knife from inside, stabbing Lakkappa in the left ribs. Accused No. 1 then snatched it, stabbing the chest. CWs 2 and 3 intervened, sustaining back and hand injuries, respectively. Other witnesses (CWs 1,7-9) faced threats.

The postmortem confirmed death by hemorrhagic shock from lung/chest penetrating injuries. Charges invoked Sections 103(1) (murder) , 115(2) , 118(1) , 351(2)/(3) r/w 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023 —offences carrying death or life imprisonment.

Petitioner's Plea: "Arrest Was a Sham"

Arrested April 5, 2025, Nanjunada argued via counsel Pratheep K.C. that with the charge sheet filed, no custodial need remained. Critically, no grounds of arrest —personal facts justifying detention—were provided before Magistrate production, only generic reasons . He cited Supreme Court rulings distinguishing the two: Ahmed Mansoor (2025 SCC OnLine SC 2650) , Prabir Purkayastha ((2024) 8 SCC 254) , and Mihir Rajesh Shah (2025 SCC OnLine SC 2356) , urging outright liberty.

State's Pushback: "He Knew Enough, Witnesses at Risk"

HCGP M.R. Patil countered that arrest intimation to Nanjunada's sister noted "investigation," with the memo affirming reasons communicated. Nine eyewitnesses, including injured CWs 2-3, detailed Nanjunada's knife role. Given the heinousness and witness threats, bail risked tampering.

Echoes of Supreme Court: Procedure Trumps Crime Gravity

Justice Amarannavar meticulously reviewed trial records, confirming no grounds supplied. Drawing from Prabir Purkayastha , he reiterated: "There is a significant difference... ‘grounds of arrest’ would invariably be personal to the accused and cannot be equated with the ‘reasons of arrest’ which are general in nature."

In Mihir Rajesh Shah , the Apex Court clarified Article 22(1) mandates written grounds in the arrestee's language within two hours pre-production, or arrest vitiates: "Non supply... would not vitiate such arrest... provided the said grounds are supplied... within a reasonable time and in any case two hours prior..." Absent compliance, release follows, with remand option post-cure.

Despite strong evidence— "CWs.1 to 9 are the eye witnesses... overt act of this petitioner" —procedure prevailed. The court noted lapses by Circle Police Inspector, Arsikere Rural, directing copies to Hassan SP.

Key Observations

"The ‘grounds of arrest’ would be required to contain all such details in hand of the Investigating Officer which necessitated the arrest of the accused... to provide him an opportunity of defending himself against custodial remand." (Para 9, quoting Prabir Purkayastha)

"The grounds of arrest must be provided to the arrestee... in writing in the language he understands." (Para 10, quoting Mihir Rajesh Shah)

"In the case on hand also, the investigating officer... has not furnished the grounds of arrest to the petitioner. Therefore, the arrest will be rendered illegal entitling the release of arrestee." (Para 12)

Liberty with a Catch: Bail Granted, Remand Door Open

ORDER : Petition partly allowed. Nanjunada set at liberty, but "the prosecution may move an application for remand/custody after supply of grounds of arrest in writing... before the trial Court." Records returned to Principal District and Sessions Judge, Hassan (SC 155/2025).

This ruling reinforces that procedural rights under Article 22 aren't optional, even in brutal cases. Future arrests demand strict adherence, potentially easing bail in compliant-lacking detentions while letting probes continue. A win for liberty, tempered by justice's scales.