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Judgment
Hemant Chandangoudar, J
The petitioner, who is arrested in Crime No.235/2024 registered by Thunganagar P.S., Shivamogga, for the offences punishable under Sections 120B, 143,144,148, 149, 302,324 of IPC is before this Court.
The petitioner was arrested on 13-05-2024.
Primary contention of the petitioner is that, the arrest is vitiated for violation of Article 22(1) of the Constitution of India, as no grounds of arrest was served on the petitioner at the time of arrest.
The learned High Court Government Pleader for the respondent - State has produced the information of arrest.
On perusal of the same indicates that no grounds are disclosed for arresting the petitioner.
The Hon'ble Apex Court in the case of Vihaan Kumar -vs-The State of Haryana & Another, reported in (2025) 2 SCR 424 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 stands vitiated for violation of Article 22 (1) of the Constitution of India and in such circumstances, the petitioner is entitled to be released from judicial custody.
Accordingly, this petition is allowed.
Respondent No.2- Chief Superintendent of Central Prison, Shivamogga, is hereby directed to release the petitioner forthwith from judicial custody in SC No.145/2024 on the file of II Additional District and Sessions Judge, Shivamogga, arising out of Crime No.235/2024, registered by Thunganagar P.S., Shivamogga, subject to the following conditions:
i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- with one local 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 summoned;
vii) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically.