Karnataka High Court
Mr Sahid Sahal A P vs State Of Karnataka on 16 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:26537
CRL.P No. 9685 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 9685 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
MR SAHID SAHAL A P
S/O ABBAS,
AGED ABOUT 33 YEARS,
R/AT ALI PATTA HOUSE,
KERALA VILLAGE, KERALA ESTATE POST,
KASAVARU KUNDA PANCHAYAT,
NILAMBUR TALUK, MALAPURAM DISTRICT,
KERALA STATE, PIN CODE - 69.
(NOW IN JUDICIAL CUSTODY
DISTRICT PRISON, TUMKURU)
...PETITIONER
(BY SRI. KARIAPPA N.A.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY KORA POLICE STATION,
TUMAKURU DISTRICT -572101.
Digitally
signed by (REPRESENTED BY LEARNED
CHANDANA SPECIAL PUBLIC PROSECUTOR
BM HIGH COURT OF KARNATAKA,
BANGALORE - 560 001).
Location:
High Court
of Karnataka 2. MR. ANIL MAHADEV PATIL
S/O MAHADEV PATIL,
AGED 47 YEARS,
R/AT NEAR GUGAI, MARIYAMAN TEMPLE,
SALEM TOWN, TAMIL NADU.
3. SUPERINTENDENT
DISTRICT PRISON, TUMKURU.
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R1 & R3
NOTICE TO R2 D/W)
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CRL.P No. 9685 of 2025
HC-KAR
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO QUASH THE ARREST OF PETITIONER EFFECTED ON
19.10.2024 CR.NO.113/2024 OF KORA POLICE STATION OF TUMKURU
DISTRICT AS ILLEGAL AND CONSEQUENTLY RELEASE HIM FORTHWITH
FROM ILLEGAL CUSTODY OF DISTRICT PRISON TUMKUR & ETC.,
THIS PETITION, COMING ON FOR ORDERES, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks for the following reliefs:-
1) To quash the arrest of petitioner effected on
19.10.2024 in Crime No.113/2024 of Kora Police Station of
Tumkuru District as illegal and consequently released him
forthwith from illegal custody of District Prison, Tumkur.
2) To quash the order of Remand dated:
19.10.2024 of passed by Hon'ble VI Additional Civil Judge
and JMFC, Tumkuru in Crime No.113/2024 of Kora Police
Station, Tumkuru and consequently remand order as per
ANNEXURE-'B' till date, is illegal and consequently he may
be released from Judicial Custody, District Prison, Tumkuru.
3) To quash the order of cognizance and issue of
process dated: 16.01.2025 passed In Crime No. 113/2024 of
Kora Police Station pending on the file of the Hon'ble IV
Additional Civil Judge and JMFC, Tumkuru as per Annexure-
'B', as an abuse of process of law and
4) To quash the entire proceedings pending in
C.C.No.234/2025 on the file of the Hon'ble VI Additional Civil
Judge and JMFC, Tumkuru for offences under Sections
137(2), 346, 61(2) (a), 137(2) of BNS, Which is arising out of
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Crime No. 113/2024 of Kora Police Station, Tumkuru District
as per Annexure-'A', 'B', 'C' and D as an abuse of process of
law.
5) To grant such other relief or reliefs as this Hon'ble
Court be pleased to grant in the facts and circumstances of
the case, in the ends of justice."
2. Heard learned counsel for the petitioner and learned
Addl.SPP for respondent Nos.1 and 3 and perused the material on
record. For the order proposed, notice to respondent No.2 is
dispensed with.
3. In addition to reiterating the various contentions urged in
the petition and referring to the material on record, learned counsel
for the petitioner invited my attention to the material on record in
order to point out that the requisite grounds of arrest as mandated
under Article 22(1) of the Constitution of India as well as Sections
47 and 48 of BNSS, 2023 have not been issued either to the
petitioner or to his relatives and in the light of the decisions of the
Apex Court in the cases of Pankaj Bansal Vs. Union of India -
(2024) 7 SCC 576, Prabir Purkayastha Vs. State (NCT of Delhi)
- (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana -
2025 INSC 162 and the impugned remand of the petitioner to the
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judicial custody be quashed and concerned respondents be
directed to release the petitioner on bail.
4. Learned Addl. SPP for respondents 1 and 3 submits that
grounds of arrest were not furnished / communicated to the
petitioner as required in law and necessary orders in the instant
case may be passed.
5. A perusal of the material on record will indicate that in
the instant case, grounds of arrest have not been furnished or
communicated to the petitioner and / or to their relatives, friends
etc., as required in law and in the light of the principles enunciated
in the aforesaid judgments, I am of the view that the petition
deserves to be allowed and petitioner is entitled to be released on
bail by imposing certain conditions.
6. In the result, I pass the following:-
ORDER
(i) Petition is hereby partly allowed.
(ii) The impugned arrest of the petitioner on 19.10.2024 in
Crime No.113/2025 and consequential remand order dated
19.10.2024 passed by the VI Addl.Civil Judge and JMFC,
Tumakuru, are hereby quashed.
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(iii) The 1st respondent - Police as well as the 3rd
respondent - Jail Authorities are directed to release the petitioner
on bail forthwith and immediately upon a receipt of a copy of this
order, subject to the following conditions:
a) The petitioner shall not directly or indirectly
threaten or tamper with the evidence, witnesses etc.,
of the respondents;
b) The petitioner shall not involve in similar
offences in future;
c) The petitioner shall co-operate with the
investigation;
d) The petitioner shall not leave the jurisdiction of
this Court without the prior permission of the Court;
e) The petitioner shall execute a personal bond for
a sum of Rs.1,00,000/- with one surety for the likesum
to the satisfaction of the Trial Court within a period of
two weeks from the date of his release.
f) The petitioner shall produce his address /
identity proof before the Jail authorities at the time of
his release.
g) The petitioner shall mark his attendance before
the SHO of the jurisdictional police station between
10.00 a.m. and 02.00 p.m., once in two weeks.
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h) Liberty is reserved in favour of the prosecution
as well as the Trial Court to take appropriate action
against the petitioner including cancellation of bail, in
the event he violates any of the terms and conditions
mentioned above.
Registry is directed to communicate this order to the 1st
respondent - Police as well as the 3rd respondent - Jail Authorities
forthwith without any delay both electronically and telephonically to
enable immediate implementation of this order.
Hand delivery of this order is permitted.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
Srl.
