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Judgment
Shivashankar Amarannavar, J
The petitioner (accused No.3), who was arrested on 23.02.2025 in Crime No.12/2025 registered by the Paper Town Police Station, Bhadravathi, for the offences punishable under Sections 132, 121(1), 109(1), 61, 58(b) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS") and Sections 3 and 25 1B of the Arms Act, 1959, is before this Court seeking bail.
Learned Counsel for the petitioner submits that the grounds of arrest were not served on the petitioner at the time of arrest, and therefore, the same is in violation of Article 22(1) of the Constitution of India. He submits that on the same ground, accused No.1 has been granted bail in Crl.P.No.5036/2025 by the co-ordinate Bench.
Learned HCGP submits that there is criminal antecedent of this petitioner and he is involved in a similar offence in Crime No.80/2016 of Vinobanagara Police Station, Shivamogga.
Petitioners/accused No.3 and accused No.1 were arrested on the same day, and they were produced before the Jurisdictional Court under a common remand application. Accused No.1 has been granted bail on the ground that no grounds for arrest are reflected in the notice of arrest.
The petitioner/accused No.3 is also entitled for grant of bail on the same ground, as he has also not been informed of grounds of arrest. Even on perusal of the complaint, no specific overt act is alleged against the petitioner/accused No.3. In view of the above, the petitioner is entitled for grant of bail subject to following:
ORDER
The criminal petition is allowed. The petitioner/accused No.3 is ordered to be released on bail in Crime No.12/2025 of Paper Town Police Station, Bhadravathi, subject to following conditions:
The petitioner/accused No.3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court;
The petitioner/accused No.3 shall cooperate with the police in the investigation;
The petitioner/accused No.3 shall not involve in similar offences in future;
The petitioner/accused No.3 shall appear before the Investigating Officer as and when required;
The petitioner/accused No.3 shall not directly or indirectly threaten or tamper with the prosecution witnesses.