Karnataka High Court
Smt.Samina Khanam vs The State Of Karnataka on 29 April, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC:17869
CRL.P No. 6270 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 6270 OF 2025 (482(Cr.PC) /
528(BNSS))
BETWEEN:
1. SMT. SAMINA KHANAM
W/O MOHAMMAD RAFIQ MUDIPU
AGED ABOUT 37 YEARS
R/AT MOHAMMED ARIF RAVARA BADIGE MANE
KALLURU, APPAJIPURAM, HOSPET TALUK
BENGALURU GRAMANTHARA
BENGALURU 560 067.
...PETITIONER
(BY SRI. LETHIF B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BAJPE STATION
D K DISTRICT
Digitally signed by
REP. BY SPP, HIGH COURT BUILDING
R HEMALATHA DHARWAD-560 001.
Location: High
Court of Karnataka
2. RONALD FERNANDIS
S/O MARTIN FERNANDIS
AGED ABOUT 52 YEARS
R/AT PADAVU HOUSE
PERMUDE POST
MANGALURU TALUK
D K DISTRICT.
...RESPONDENTS
(BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1)
THIS CRL.P IS FILED U/S. 482 (FILED U/S.528 BNSS)
CR.P.C PRAYING TO ISSUE ORDER OR DIRECTION DIRECTING
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NC: 2025:KHC:17869
CRL.P No. 6270 of 2025
THE ARREST OF THE PETITIONER DATED 25.03.2025 IN CRIME
NO.9/2025 OF BAJPE POLICE STATION, D.K., DISTRICT FOR
THE OFFENCE P/U/S 351(2),(3), 351(4), 308(4), 352,
111(2)(b) OF BNS WHICH IS PRODUCED AT ANNEXURE C AND
ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned High Court Government Pleader accepts notice for the respondent No.1-State.
2. The petitioner who was arrested on 25.3.2025 for the offences punishable under Sections 351(2)(3), 351(4), 308(4), 352, 111(2)(b) of BNS, 2023 in crime No.9/2025 registered by the Bajpe Police Station, Dakshina Kannada is before this Court seeking relief.
3. The primary contention of the petitioner is that the grounds of arrest were not disclosed and served on him at the time of the arrest, and therefore the same stands vitiated for non-compliance provision of Article 22(1) of Constitution of India and under Section 47(1) of BNSS.
4. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent- State.
5. The Hon'ble Apex Court in the case of Vihaan Kumar -vs- State of Haryana & anr. - in 2025 INSC 162, following the earlier decision has held that the requirement of -3- NC: 2025:KHC:17869 CRL.P No. 6270 of 2025 informing the person arrested of the grounds of arrest is not a 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 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, if would amount to a violation of the fundamental right of the arrestee guaranteed under Article 22(1). It will also amount to depriving the arrestee of his liberty. The reason is that, as provided in Article 21, 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 is held to be illegal and without authority of law for non-compliance of provision of Article 22(1) of Constitution of India and under Section 47(1) of BNSS.
7. Accordingly, this petition is allowed.
8. The Superintendent of District Prison, Mangaluru Sub-Jail, Mangaluru, is hereby directed to release the petitioner-accused forthwith in Crime No.9/2025, registered by the Bajpe Police Station, Dakshina Kannada, on the file of the learned JMFC VI Court, Mangaluru, Dakshina Kannada for the offences punishable under Sections 351(2)(3), 351(4), 308(4), 352, 111(2)(b) of BNS, 2023, subject to the following conditions:
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i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the Trial Court within a period of two weeks from the date of his release;
ii) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
iii) The petitioner shall appear before the investigating officer as and when required;
iv) The petitioner shall not involve in similar offences in future;
v) The petitioner shall not leave the territorial limits without prior permission of the Investigating Officer.
vi) The concerned Jail Authorities are hereby directed to release the petitioner forthwith without any delay and immediately upon a receipt of copy of this order, if he is not required for any other cases, if any.
vii) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE HR/List No.: 2 Sl No.: 7