Karnataka High Court

Varun D V vs The State Of Karnataka on 4 June, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                             NC: 2025:KHC:18857
                                                        CRL.P No. 5718 of 2025


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                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 4TH DAY OF JUNE, 2025

                                             BEFORE
                        THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                     CRIMINAL PETITION NO.5718 OF 2025 (482(Cr.PC) / 528(BNSS)
                BETWEEN:

                VARUN D.V.
                S/O LATE VASU D.M.,
                AGED ABOUT 38 YEARS,
                DAMMANINGALA VILLAGE,
                SHRAVANABELAGOLA HOBLI,
                CHANNARAYAPATNA TALUK,
                HASSAN DISTRICT - 573 116
                                                                  ...PETITIONER
                (BY SRI. PRATHEEP K.C., ADVOCATE)

                AND:

                1.     THE STATE OF KARNATAKA
                       REP. BY SHRAVANABELAGOLA POLICE STATION,
                       HASSAN DISTRICT,
                       REP. BY ITS STATE PUBLIC PROSECUTOR,
Digitally              HIGH COURT OF KARNATAKA,
signed by              BANGALORE - 01
CHANDANA
BM
                2.     KAMALAMMA,
Location:
High Court of          W/O LATE NANJEGOWDA,
Karnataka              DAMMANINGALA VILLAGE,
                       SHRAVANABELAGOLA HOBLI,
                       CHANNARAYAPATNA TALUK,
                       HASSAN DISTRICT - 573 116
                                                               ...RESPONDENTS
                (BY SMT. SOWMYA R., HCGP FOR R1;
                    R2 - SERVICE OF NOTICE DISPENSED WITH
                    VIDE ORDER DATED 04.06.2025)

                     THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528
                BNSS) PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE
                IMPUGNED REMAND ORDER DATED 09.07.2024 PASSED BY THE
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                                                    NC: 2025:KHC:18857
                                               CRL.P No. 5718 of 2025


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SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, IN
CR.NO.98/2024 BY SHRAVANABELAGOLA P.S., FOR THE
OFFENCES PUNISHABLE UNDER SECTION 103, 54 OF BNS, 2023.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR


                              ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

"Wherefore, the petitioner in the above petition most humbly prays that this Hon'ble Court may be pleased to allow this petition and set aside the impugned remand order dated 09.07.2024 passed by the Senior Civil Judge & JMFC, Channarayapatna in Crime No.98/2024 for the offences punishable under Sections 103, 54 of BNS 2023 by Shravanabelagola Police Station in the interest of justice and equity."

2. Heard learned counsel for the petitioner and learned

HCGP for respondent No.1 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

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mandated under Sections 47 and 48 of BNSS have not been

issued either to the petitioner or to his relatives and in the light of

the judgment of a Co-ordinate Bench of this Court, in the case of

Sujith Kumar Vs. The State of Karnataka and another -

W.P.No.8630/2025 dated 25.03.2025 which has followed the

decisions of this Court in Noufal M K Vs. State of Karnataka and

another - W.P.No.6778/2025 and also the decisions of the

Hon'ble 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, remand of the petitioner to the judicial

custody be quashed and concerned respondents be directed to

release the petitioner on bail.

4. Per contra, learned HCGP submits that at the time of

arrest of the petitioner on 08.07.2024 at about 05.30 A.M., only

arrest intimation was served and grounds of arrest were not

furnished to the petitioner or to his relatives as required in law and

necessary order may be passed in the instant case.

5. In Sujith Kumar's case (supra), a Co-ordinate Bench

of this Court has held as under:

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"A case is registered in Crime No.28/2025 by the Chintamani Town Police Station, Chikkabalalpuara District for the offence punishable under Sections 137(2), 64 of BNS, 2023 and Sections 6, 8, and 12 of POCSO Act, 2012.

2. Heard the learned counsel for the parties.

3. A perusal of the grounds of arrest allegedly served on the petitioners discloses that except reproducing the averments in the complaint, there are no grounds stated for arresting the petitioner. Moreover, the grounds of arrest was not communicated to the relatives of the accused as stated under Section 48 of BNSS, 2023. The grounds of arrest discloses that the notice of arrest is not in conformity with Section 47 of BNSS, 2023, and also Article 22(1) of the Constitution of India.

4. A Co-ordinate Bench of this Court in the case of Noufal M K -vs- State of Karnataka and anr. in WP No.6778/2025 following the decisions of the Apex Court in the cases of Pankaj Bansal -vs- Union of India-(2024) 7 SCC 576, and Prabir Purkayastha -vs- State (NCT of Delhi)-

(2024) 8 SCC 254, and Vihaan Kumar -vs-State of Haryana- 2025 INSC 162, released the petitioner therein, stating that arrest stands vitiated for non-disclosure of the grounds of arrest.

5. Therefore the arrest of the petitioner stands vitiated for non-compliance of Article 22(1) of Constitution of India and Section 35(5) of BNSS, 2023. The grounds of arrest is not inconformity with Section 47 of BNSS, 2023.

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6. Accordingly, the petition is allowed. The respondent No.1 to release the petitioner forthwith in Crime No.28/2025 registered by the Chintamani Town P.S, Chikkaballapura District subject to following conditions:

a) The petitioner/accused shall furnish indemnity bond for a sum of Rs.One lakh with one local surety for the likesum to the satisfaction of the jurisdictional Court.

b) He shall appear before the Investigating Officer as and when required.

c) He shall not threaten or allure the prosecution witnesses in whatsoever manner.

d) He shall not get involved in similar offences.

e) He shall not leave the territorial limits of the police station without prior permission of the Investigating Officer.

7. The Chikballapura sub-Jail, Chikkaballapur District, is hereby directed to release the petitioner forthwith in Crime No.28/2025 registered by the Chintamani Police Station without any delay, and immediately upon a receipt of copy of this order, if they are not required for any other cases, if any.

8. The Registry is directed to communicate this order to the Jail Authorities forthwith without any delay through e-mail and telephonically.

Hand delivery ordered."

6. As stated earlier, in the instant case, grounds of arrest

have not been furnished to the petitioner or to his relatives and

hence, he deserves to be released by imposing certain conditions.

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7. Accordingly, the petition is hereby allowed. The

respondent No.1 are hereby directed to release the petitioner

forthwith in Crime No.98/2024 registered by respondent No.1-

Police, pending on the file of the Senior Civil Judge & JMFC,

Channarayapatna for offences punishable under Sections 103 and

54 of BNS, 2023, subject to the following conditions:

i. The petitioner - accused shall furnish indemnity

bond for a sum of Rs.1,00,000/- (Rupees One Lakh

only) with one local surety for the likesum to the

satisfaction of the jurisdictional Court.

ii. The petitioner shall appear before the Investigating

Officer as and when required.

iii. The petitioner shall not threaten or allure the

prosecution witnesses in whatsoever manner.

iv. The petitioner shall not get involved in similar

offences.

v. The petitioner shall not leave the territorial limits of

the police station without prior permission of the

Investigating Officer.

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8. The concerned Jail Authorities are hereby directed to