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Judgment
Hemant Chandangoudar, J
Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
The petitioner-accused No.9, who is arrested in Cr.No.30/2025 for the offences punishable under Section 309(4) BNS, 2023 is before this Court seeking relief.
Petitioner's contention is that without serving the grounds of arrest, the petitioner has been arrested and the same is in violation of article 22(1) of the Constitution of India.
Learned High Court Government Pleader placed on record the information of arrest. However, has not placed the grounds of arrest served to the petitioner at the time of arrest, which clearly implies that the grounds of arrest was not served to the petitioner at the time of arrest, and the same is in violation of Article 22(1) of the Constitution of India.
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 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.
In view of the above, petitioner is entitled for relief. Accordingly, the petition is allowed in part.
ORDER
i. The criminal petition is allowed in part.
ii. Respondent No.2 is hereby directed to release the petitioner-accused No.9 forthwith in Cr.No.30/2025 registered by Gowribidanur Town Police Station subject to the following conditions:
a) The petitioner/accused No.9 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.
f) 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.
g) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically.