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Judgment
Hemant Chandangoudar, J
The learned High Court Government Pleader accepts notice for the respondents.
The petitioner was arrested on 25.10.2024, and produced before the Court on 26.10.2024.
In relation to Crime No.213/2024 for the offences punishable under Sections 3, 4 and 6 of ITP Act, and Section 143(2) and 143(3) of BNS, 2023 and Sections 4, 6 and 8 of POCSO Act, is before this Court seeking relief.
The primary contention of the petitioner is that he was not served with grounds of arrest, and therefore, the same is in violation of Article 22(1) of the Constitution of India and Section 50 of BNS, 2023.
The learned High Court Government Pleader for the respondents submits that the petitioner was served with arrest memo, however, perusal of the arrest memo indicates that the grounds of arrest are not disclosing his arrest.
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.
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 authority of law.
Accordingly, this petition is allowed.
The 3rd respondent, Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner-accused forthwith in Crime No.213/2024 registered by the Chikkajala Police Station for the offences punishable under Sections 3, 4 and 6 of ITP Act, and Section 143(2) and 143(3) of BNS, 2023 and Sections 4, 6 and 8 of POCSO Act subject to the following conditions:
i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum 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 Trial Court as and when required;
iv) The petitioner shall not involve in similar offences in the 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.
Hand delivery ordered.