Karnataka High Court
Sri Puneeth Kumar @ Puneeth Kerehalli vs The Commissioner on 26 September, 2025
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NC: 2025:KHC:39418
CRL.P No. 13057 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO. 13057 OF 2025
BETWEEN:
1. SRI. PUNEETH KUMAR
@ PUNEETH KEREHALLI
S/O PUTTASIDDAPPA
AGED ABOUT 34 YEARS
R/AT 47/1/23, MARUTHI COURT
2ND MAIN, K R ROAD
TATA SILK FARM, BENGALURU.
PREMANENT R/OFF NO. 57
KEREHALLI MADABALU
GRAMA PANCHAYATHI PALYA HOBLI
ALOORU TALUK, HASSAN-573218.
...PETITIONER
(BY SRI. ARUNA SHYAM .M, SENIOR ADVOCATE FOR
SRI. SUYOG HERELE .E, ADVOCATE)
Digitally signed
by AL BHAGYA
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE COMMISSIONER
AND DISTRICT MAGISTRATE
INFANTRY ROAD, BENGALURU-01.
2. THE SPECIAL EXECUTIVE
MAGISTRATE AND DEPUTY
COMMISSIONER OF POLICE
SOUTH ZONE, BENGALURU
SOUTH END CIRCLE, GUPTA LAYOUT
BASAVANAGUDI-04.
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NC: 2025:KHC:39418
CRL.P No. 13057 of 2025
HC-KAR
3. THE POLICE INSPECTOR
BASAVANAGUDI PS, BASAVANAGUDI
BENGALURU-04
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED
10.09.2025 PASSED BY RESPONDENT NO.2 IN
NO.CRM/DCP(D)/MAG/879/2025 U/S 130 OF BNSS, 2023 AND
ALL FURTHER PROCEEDINGS PURSUANT THERETO AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition is filed seeking the following reliefs:
"a) Call for records, Allow the criminal petition and quash the impugned order dated 10-09-2025 passed by Respondent No.2 in No. CRM/ DCP(D)/ MAG/879/ 2025 u/s 130 of BNSS, 2023 and all further proceedings pursuant thereto; produced as DOCUMENT NO.1.
b) Declare that the arrest/detention of Petitioner by the Respondent No.2 and 3 under section 135 of BNSS, 2023 as illegal, in the interest of justice and equity.
c) Direct the Respondents to pay compensation to the Petitioner not less than Rs.5 Lakhs for illegally detaining him without any reason, crime, investigation or trial.-3-
NC: 2025:KHC:39418 CRL.P No. 13057 of 2025 HC-KAR
d) Grant such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstance of the case, in the interest of justice and equity.
e) Quash the order dated 10.09.2025 passed by the Respondent No.2 u/s 135(1) of BNSS, 2023 including the PAR No. 18/2025 registered by Respondent No.3 u/s 127 of BNSS, 2023 and all further proceedings pursuant thereto."
2. The petitioner alleges that respondents 2 and 3 without providing any reasons for arrest have illegally detained the petitioner under Section 135(3) of BNSS, 2023. Petitioner contends that the action of respondent is arbitrary and the arrest/detention of petitioner is illegal and the same has resulted in violation of fundamental right to life, liberty, dignity, reputation and freedom of movement conferred under Article 19 of the Constitution of India.
3. Pending consideration of the captioned petition, petitioner is also aggrieved by the order passed by respondent No.2 under Section 130 of BNSS, 2023 vide order dated 10.9.2025.
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NC: 2025:KHC:39418 CRL.P No. 13057 of 2025 HC-KAR
4. The learned Senior Counsel appearing for the Petitioner while reiterating the grounds would point out that petitioner initially was illegally arrested and produced before respondent No.2 not preceded by any registration of crime for cognizable offence. He would further point out that without notifying the petitioner the reasons for arrest, respondent No.2 ordered to place petitioner under judicial custody on 10.9.2025.
5. Citing the following judgments, the learned Senior Counsel would point out that arrest by respondent No.1 is highly illegal and is squarely covered by the law laid down by the judgment of the Co-ordinate Bench in the case of Sathi Sundaresh and others .vs. The State PSI of Moodigere P.S. and others1.
6. Per contra, learned SPP appearing on behalf of respondents has filed a detailed synopsis and has produced all the documents which led to arrest of 1 2007 SCC Online Kar 171 -5- NC: 2025:KHC:39418 CRL.P No. 13057 of 2025 HC-KAR petitioner in anticipation of call given by petitioner to march towards Mandya on 10.9.2025. Therefore, respondent No.1 acting under Section 151 of Cr.P.C. rightly detained petitioner and produced before respondent No.2. Despite opportunity afforded by respondent No.2, petitioner has declined to execute a bond as provided under Section 127 of BNSS 2023. Petitioner is sent to judicial custody pursuant to proceedings initiated in PAR.No.18/2025 now pending before respondent No.2/The Special Executive Magistrate and Deputy Commissioner of Police.
7. Heard the learned Senior counsel appearing for the petitioner and the learned SPP appearing for the State and perused the records.
8. The primary contention of petitioner that the grounds of arrest were not served on the petitioner is equally rebutted by the State, the same is produced along with the synopsis wherein petitioner is served with the -6- NC: 2025:KHC:39418 CRL.P No. 13057 of 2025 HC-KAR notice at 8.45 p.m. on 10.9.2025. There is no serious dispute in regard to the signatures of petitioner obtained on the grounds of arrest notice.
9. Be that as it may, the State is able to place on record that petitioner has got antecedents and several criminal cases are pending against the petitioner. Respondent No.1 has also placed material relating to petitioner using social media where a call is given to march towards Mandya where there was already existing communal tension.
10. The short point that needs consideration is as to whether the petitioner can maintain this petition on the ground that his arrest was illegal and without justification.
11. A proceeding under Section 127 of BNSS is not punitive but is preventive and the object is to maintain public tranquility and public peace. The object is not to punish the person and send him to jail. Respondent No.2 on an enquiry and having found antecedents of petitioner -7- NC: 2025:KHC:39418 CRL.P No. 13057 of 2025 HC-KAR has called upon petitioner to execute a bond for maintaining law and order in additional to keeping the peace as required under Section 107 of BNSS, 2023.
12. Therefore, the order impugned passed under Section 130 of BNSS, 2023 is based upon more than 15 FIRs registered against the petitioner. Despite opportunity, petitioner has not chosen to offer explanation. Respondent No.2/authority has called upon petitioner to execute a bond for maintaining law and order, which strictly aligns with the mandate provided under 127 of BNSS 2023. Therefore, petitioner without executing a bond cannot indirectly seek indulgence at the hands of this Court under Section 482 of Cr.P.C.
13. It is open for petitioner to furnish the bond as indicated in the order impugned passed under Section 130 of BNSS, 2023 and in the event, such a bond is executed by the petitioner, respondent No.2 strictly adhering to the provision under Section 130 of BNSS, on satisfaction shall -8- NC: 2025:KHC:39418 CRL.P No. 13057 of 2025 HC-KAR pass appropriate orders in accordance with law, within 2 weeks.
14. In the light of the observations made supra, the relief sought in the captioned petition cannot be granted.
Accordingly, the petition is dismissed.
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(SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 2