Karnataka High Court
Smt.Tejaswini vs The State Of Karnataka on 9 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:19481
CRL.P No. 6694 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.6694 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
1. SMT. TEJASWINI
W/O MAHESH,
AGED ABOUT 33 YEARS
R/AT NO. 1ST FLOOR,
NEAR BHAJANA MANDIRA,
HAGADUR CIRCLE, WHITEFIELD,
BENGALURU - 560 066
2. SRI. GAJENDRA PRASAD,
S/O SEENAPPA,
AGED ABOUT 35 YEARS
R/AT NO.23,
C/O SOUBHAGYAMMA HOUSE,
3RD MAIN, NEW THIPPASANDRA,
INDIRA NAGARA,
BANGALORE CITY - 560 066
...PETITIONERS
(BY SRI. NISHANTH S.K., ADVOCATE)
Digitally
signed by AND:
CHANDANA
BM 1. THE STATE OF KARNATAKA,
Location:
High Court THROUGH WHITEFIELD P.S.,
of REP. BY ITS STATE PUBLIC PROSECUTOR,
Karnataka HIGH COURT BUILDING,
BANGALORE - 560 001.
2. RAMESH
S/O LATE RAMAIAH,
AGED ABOUT 40 YEARS,
NO.9, KEMPEGOWDA RENTAL HOUSE,
OPP. ANGANAWADI SCHOOL
NEAR MANJUNATHASWAMY TEMPLE,
IMMADIHALLI, WHITEFIELD,
BANGALORE CITY- 560 066.
-2-
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3. CHIEF SUPERINTENDENT
CENTRAL PRISON,
PARAPPANA AGRAHARA,
BANGALORE - 560 068
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1 & R3)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE ARREST AND REMAND ORDER DATED
10.08.2024 PASSED BY LEARNED C/C ADDL. C.J.M., BANGALORE RURAL
DISTRICT, BENGALURU IN CR.NO.545/2024 REGISTERED BY THE
WHITEFIELD POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER
SECTION 103(1) OF BHARATIYA NYAYA SAMHITHA, 2023 (NOW PENDING
ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE AT
BENGALURU RURAL DISTRICT IN S.C.NO.316/2024).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek the following reliefs:
"(i) To quash the arrest and remand order dated
10.08.2024 passed by the Learned C/C Addl. C.J.M
Bangalore Rural District, Bengaluru in Crime No.545/2024
registered by the Whitefield Police Station for the offences
punishable Under Section 103(1) of Bharathiya Nyaya
Samhitha 2023 (now pending on the file of I Addl. District
and Sessions Judge at Bengaluru Rural District in SC No.
316/2024).
(ii) To grant such other relief or reliefs as this
Hon'ble Court deems fit to grant in the facts and
circumstances of the case in the ends of justice."
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2. Heard learned counsel for the petitioners and learned
Addl. SPP for respondents and perused the material on record.
3. In addition to reiterating the various contentions urged
in the petition and referring to the material on record, learned
counsel for the petitioners 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 petitioners or to their 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, remand of the petitioners to the judicial
custody be quashed and concerned respondents be directed to
release the petitioners on bail.
4. Per contra, learned HCGP submits that at the time of
arrest of the petitioner No.1 on 10.08.2024 at about 11.00 A.M. and
petitioner No.2 on 10.08.2024 at about 01.00 P.M., grounds of
arrest were not furnished to the petitioners or to their relatives as
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required in law and necessary orders may be passed in the instant
case.
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 petitioners 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 petitioners are entitled to be released
on bail by imposing certain conditions.
6. In the result, I pass the following:-
ORDER
(i) Petition is hereby allowed.
(ii) The impugned arrest of the petitioners on 10.08.2024 in
Crime No.545/2024 registered by the 1st respondent - Police and
consequential remand dated 10.08.2024 passed by the Addl. Chief
Judicial Magistrate, Bangalore Rural District, are hereby quashed.
(iii) The 1st respondent as well as the 3rd respondent - Jail
Authorities are directed to release the petitioners on bail forthwith
immediately upon receipt of a copy of this order, subject to the following
conditions:
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a) The petitioners shall not directly or indirectly threaten or
tamper with the evidence, witnesses etc., of the respondents ;
b) The petitioners shall not involve in similar offences in
future;
c) The petitioners shall co-operate with the investigation;
d) The petitioners shall not leave the jurisdiction of this
Court without the prior permission of the Court;
e) The petitioners 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
today.
f) The petitioners shall mark their attendance before the
SHO of the jurisdictional police station between 10.00 a.m.
and 02.00 p.m., once in two weeks.
g) Liberty is reserved in favour of the Trial Court to take
appropriate action against the petitioners including issuance of
NBW against the petitioners, in the event they violates any of
the terms and conditions mentioned above.
Registry is directed to communicate this order to the 1st
respondent 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
SV
