" 1. Set aside order of remand dated 23.02.2024
passed by the Hon'ble Chief Judicial Magistrate, Bengaluru
Rural District, 84 Bengaluru in Crime No. /2024 for the
alleged offences punishable u/ss. 8(c) and 22(C) of NDPS
Act and Section 14 of Foreigners Act and now pending on
the file of the Hon'ble VIII Addl. District and Sessions Judge
for NDPS cases, at Bengaluru and set at liberty forthwith;
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2. Direct the Respondent No.3 to release the
Petitioners forthwith in crime No.84/2024, now pending on
the file of the Hon'ble VIII Addl. District and Sessions Judge
for NDPS cases, at Bengaluru;
3. Pass such other relief/s as this Hon'ble Court
deems fit in the facts and circumstances of the case in the
interest of justice and equity.
2. Heard learned counsel for the petitioners and learned
HCGP 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 petitioners invited my attention to the material on
record in order to point out that the requisite grounds of arrest as
mandated under Section 48 of BNSS, have not been issued either
to the petitioners or to their 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
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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 on 22.02.2024 at about 11:30 p.m., grounds
of arrest were not furnished to the petitioners or to their 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:
"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
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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.
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.
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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 petitioners or to his relatives and
hence, they deserve to be released by imposing certain conditions.
7. Accordingly, the petition is allowed. The respondent
Nos.1 and 3 are hereby directed to release the petitioners forthwith
in Crime No.84/2024 registered by respondent No.1-Police,
pending on the file of the VIII Additional District and Sessions
Judge for NDPS Cases, Bengaluru, subject to the following
conditions:
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i. The petitioners/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 petitioners shall appear before the Investigating
Officer as and when required.
iii. The petitioners shall not threaten or allure the
prosecution witnesses in whatsoever manner.
iv. The petitioners shall not get involved in similar
offences.
v. The petitioners shall not leave the territorial limits of
the police station without prior permission of the
Investigating Officer.
8. The concerned Jail Authorities are hereby directed to
release the petitioner forthwith, in Crime No.84/2024 registered by
respondent No.1-Police, pending on the file of the VIII Additional
District and Sessions Judge for NDPS Cases, Bengaluru, without
any delay and immediately upon receipt of a copy of this order.
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9. The Registry is directed to communicate this order to
the concerned Jail Authorities forthwith without any delay through
e-mail and telephonically.
Hand delivery of this order is permitted.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
