AI Structured Summary
Not yet generated for this judgment
Judgment
Hemant Chandangoudar, J
Learned High Court Government Pleader accepts notice for respondent No.1.
The petitioner is before this Court seeking relief in a case registered against him for the offences punishable under Sections 64(2) and 318(2) of Bharatiya Nyaya Sanhita, 2023.
The case was registered stating that the petitioner induced the complainant to have sexual intercourse by promising to marry. He was arrested on 11.2.2025 in Crime No.6/2025 registered by the Udupi Women Police Station.
The primary contention of the petitioner is that the grounds of arrest are not disclosed at the time of arrest. Therefore, the same stands vitiated as being violative of Article 22(1) of the Constitution of India.
The learned High Court Government Pleader for the respondent No.1 - State has placed on record the notice issued under Section 48(2) of BNSS, 2023. Perusal of the same indicated that except disclosing the registration of crime for the offences alleged against the petitioner, no grounds of arrest are disclosed. Therefore, the arrest of petitioner stands vitiated for violation of Article 22(1) of the Constitution of India.
A Co-ordinate Bench of this Court in the case of Noufal M K -vs- State of Karnataka and anr. in WP No.6778/2025 following the decisions of the Apex Court in the cases of Pankaj Bansal -vs- Union of India- (2024) 7 SCC 576, and Prabir Purkayastha -vs- State (NCT of Delhi)- (2024) 8 SCC 254, and Vihaan Kumar -vs-State of Haryana- 2025 INSC 162, released the petitioner therein, stating that arrest stands vitiated for non-disclosure of the grounds of arrest.
Accordingly, the petition is allowed. The respondent No.1 to release the petitioner forthwith in Crime No.17/2025 registered by the Malleshwaram P.S subject to following conditions:
a) The petitioner/accused shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.
b) He shall appear before the Investigating Officer as and when required.
c) He shall not threaten or allure the prosecution witnesses in whatsoever manner.
d) He shall not get involved in similar offences.
e) He shall not leave the territorial limits of the police station without prior permission of the Investigating Officer.
The Jail Superintendent of Police, Udupi, is hereby directed to release the petitioner forthwith in Crime No.6/2025 registered by the Udupi Women Police Station without any delay, and immediately upon a receipt of copy of this order, if they are not required for any other cases, if any.
The Registry is directed to communicate this order to the Jail Authorities forthwith without any delay through e-mail and telephonically.
Hand delivery ordered.