Sri Bharath vs The State Of Karnataka
2025 Latest Caselaw 1375 Kant

Karnataka High Court

Sri Bharath vs The State Of Karnataka on 9 June, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                               -1-
                                                             NC: 2025:KHC:19484
                                                        CRL.P No. 7000 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. 7000 OF 2025 (482(Cr.PC) / 528(BNSS)
               BETWEEN:

               SRI BHARATH
               S/O DEVARAJ
               AGED ABOUT 24 YEARS
               R/AT NO.78-A/5, FLAT NO.03,
               3RD CROSS, DOMLURU
               BANGALORE - 560 071.
                                                                   ...PETITIONER
               (BY SRI. NISHANTH S.K., ADVOCATE)
               AND:

               1.     THE STATE OF KARNATAKA
                      THROUGH HALASURU P.S,
                      REP. BY ITS STATE PUBLIC PROSECUTOR,
                      HIGH COURT BUILDING,
Digitally             BANGALORE - 560 001.
signed by
CHANDANA       2.     SRI. VIRESH R
BM                    AGED ABOUT 45 YEARS
Location:             POLICE OFFICER, ANTI NARCOTICS WING
High Court            CENTRAL CRIME BRANCH
of Karnataka
                      BANGALORE CITY - 560 085.

               3.     CHIEF SUPERINTENDENT
                      CENTRAL PRISON PARAPPANA AGRAHARA
                      BANGALORE - 560 068.
                      REP. BY ITS STATE PUBLIC PROSECUTOR,
                      HIGH COURT BUILDING,
                      BANGALORE - 560 001.
                                                                ...RESPONDENTS
               (BY SRI. B.N. JAGADEESH, ADDL.SPP)
                                   -2-
                                                  NC: 2025:KHC:19484
                                            CRL.P No. 7000 of 2025


HC-KAR



       THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO QUASH THE ARREST AND REMAND ORDER DATED
31.12.2023 PASSED BY LEARNED MMTC-I, BANGALORE CITY IN CRIME
NO.378/2023 REGISTERED BY THE HALASURU POLICE STATION FOR
THE OFFENCES P/U/S 8(C), 22(C) AND 20(II)(B) OF NDPS ACT (NOW
PENDING ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE AND SPECIAL JUDGE (NDPS), (CCH-33) AT BENGALURU CITY IN
SPL.C.C.NO.700/2024) AND CONSEQUENTLY DIRECT THE 3RD
RESPONDENT TO RELEASE THE PETITIONER FORTHWITH FROM THE
PRISON.

     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, petitioner seeks the following reliefs:

"(i) To quash the arrest and remand order dated 31.12.2023 passed by Learned MMTC-I, Bangalore City in Crime No.378/2023 registered by the Halasuru Police Station for the offences punishable under Sections 8(c), 22(c) and 20(ii) (B) of NDPS Act (now pending on the file of XXXIII Additional City Civil & Sessions Judge and Special Judge (NDPS), (CCH-33) at Bengaluru City in Spl.C.C.No. 700/2024) and consequently direct the 3rd respondent to release the petitioner forthwith from the prison in the ends of justice.

(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 petitioner and learned

Addl. SPP for respondent Nos.1 and 3 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 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, 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 31.12.2023 at about 02.10 P.M.,

grounds of arrest were not furnished to the petitioner or to his

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relatives as 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 petitioner and / or to his 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 allowed.

(ii) The impugned arrest of the petitioner on 31.12.2023 in

Crime No.378/2023 registered by the 1st respondent - Police and

consequential remand dated 31.12.2023 passed by the MMTC - I,

Bangalore City, are hereby quashed.

(iii) The 1st respondent as well as the 3rd respondent - Jail

Authorities are directed to release the petitioner on bail forthwith

immediately upon receipt of a copy of this order, subject to the following

conditions:

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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 today.

f) 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.

g) Liberty is reserved in favour of the Trial Court to take appropriate action against the petitioner including issuance of NBW against the petitioner, in the event he 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