Roopesh C K vs The State Of Karnataka
2025 Latest Caselaw 1378 Kant

Karnataka High Court

Roopesh C K vs The State Of Karnataka on 9 June, 2025

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                           NC: 2025:KHC:19483
                                                      CRL.P No. 6971 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.6971 OF 2025 (482(Cr.PC) / 528(BNSS)
             BETWEEN:
             SRI. ROOPESH C K
             S/O KRISHNAMOORTHY C.N
             AGED ABOUT 33 YEARS
             R/AT NO.4, NARAYANAPPA'S LAND
             CHIYANDAHALLI VILLAGE,
             YELAGONDAHALLI POST, AVANI HOBLI,
             MULBAGAL TALUK
             KOLAR DISTRICT - 515 231.
                                                                 ...PETITIONER
             (BY SRI. NISHANTH S K., ADVOCATE)
             AND:

             1.     THE STATE OF KARNATAKA
                    THROUGH CHANNAMMANAKERE ACHUKATTU P.S,
                    REP. BY ITS STATE PUBLIC PROSECUTOR,
                    HIGH COURT BUILDING,
                    BANGALORE - 560 001.

Digitally    2.     SRI. SANTHOSH N
signed by           AGED ABOUT 30 YEARS
CHANDANA
BM                  POLICE OFFICER, CHANNAMMANAKERE
Location:           ACHUKATTU POLICE STATION,
High Court          BSK 3RD STAGE, BANGALORE - 560 085.
of
Karnataka
             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. JAGADEESHA, ADDL.SPP FOR R1 & R3)
                  THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO
             QUASH THE ARREST AND REMAND ORDER DTD 22.05.2024 PASSED BY
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                                                         NC: 2025:KHC:19483
                                                     CRL.P No. 6971 of 2025


HC-KAR



LEARNED XXXVII ACMM, BANGALORE CITY IN CR.NO.123/2024
REGISTERED BY THE CHANNAMMANAKERE ACHUKATTU P.S., FOR THE
OFFENCES P/U/S 22(c) OF NDPS ACT, PENDING ON THE FILE OF THE
XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE (NDPS) (CCH-35), AT BENGALURU CITY IN SPL.CC.NO.1966/2024,
CONSEQUENTLY DIRECT THE 3RD RESPONDENT TO RELEASE THE
PETITIONER FROM HIS CUSTODY FORTH WITH IN THE ENDS OF
JUSTICE.
     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 22.05.2024 passed by the Learned XXXVII Addl. Chief Metropolitan Magistrate, Bangalore City in Crime No.123/2024 registered by the Channammanakere Achukattu Police Station for the offences punishable under Sections 22(C) of NDPS Act (now pending on the file of XXXIV Additional City Civil & Sessions Judge and Special Judge (NDPS), (CCH-35) At Bengaluru City in Spl.C.C.No.1966/2024), consequently direct the 3rd respondent to release the petitioner from his custody forthwith 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 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 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 21.05.2024 at about 10.05 P.M.,

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

relatives as required in law and necessary orders may be passed in

the instant case.

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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 21.05.2024 in

Crime No.123/2024 registered by the 1st respondent - Police and

consequential remand dated 22.05.2024 passed by the XXXVII Addl.

Chief Metropolitan Magistrate, 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:

a) The petitioner shall not directly or indirectly threaten or tamper with the evidence, witnesses etc., of the respondents ;

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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 SV