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Judgment
Hemant Chandangoudar, J
The petitioner (accused No.2), who was arrested on 17.3.2025 in Crime No.43/2025 registered for the offences punishable under Sections 80, 85,103(1), 3(5) of BNS, 2023, is before this Court seeking relief.
The primary contention of the petitioner is that the petitioner was arrested without serving grounds of arrest as mandated under Article 22(1) of the Constitution of India, and therefore, the arrest stands vitiated.
The learned High Court Government Pleader for the respondent - State submitted that there is evidence against the petitioner for having committed aforesaid offences, and the petitioner was arrested after following the due process of law.
The petitioner was served with arrest intimation letter reflecting the crime registered against the petitioner; a perusal thereof however, does not disclose the grounds of arrest of the petitioner, 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 (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 the authority of law.
Accordingly, this petition is allowed.
The Jail Superintendent of Central Prison, is hereby directed to release the petitioner-accused forthwith from the judicial custody in Crime No.43/2025 registered by the Udayagiri Police Station, Bhadravathi, for the offences punishable under Sections Sections 80, 85,103(1), 3(5) of BNS, 2023 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 investigating officer 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 Superintendent of Central Prison, Bengaluru forthwith without any delay through e-mail and telephonically.