Karnataka High Court
Sri Khana Sharma @ Khana Pandeeth vs The State Of Karnataka on 6 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:19292
CRL.P No. 7034 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.7034 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI KHANA SHARMA @ KHANA PANDEETH,
S/O BHAGAVATHI SHARMA,
AGED ABOUT 28 YEARS,
R/AT RAMANAGAR,
MORENA, MORENA DISTRICT,
MADHYA PRADESH STATE - 476 001
...PETITIONER
(BY SRI. SUYOG HERELE E., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH KODIGEHALLI P.S.,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2. SRI ANDARAM
S/O KIVARAM,
Digitally AGED ABOUT 21 YEARS,
signed by
CHANDANA R/AT NO.19/22, KAMADENU BUILDING,
BM MUNISWAMAPPA COLONY,
Location:
High Court LOTTEGOLLAHALLI,
of Karnataka BENGALURU CITY - 560 094
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. CHANNAPPA ERAPPA, HCGP FOR R1 & R2)
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NC: 2025:KHC:19292
CRL.P No. 7034 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS)
PRAYING TO QUASH THE ARREST AND REMAND ORDER DATED
14.03.2024 PASSED BY LEARNED 7TH ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BANGALORE CITY, IN CR.NO.107/2024
REGISTERED BY KODIGEHALLI P.S., FOR THE OFFENCES P/U/S 394, 397,
398, 450, 459, 400, 401, 201, 120(B) OF IPC U/S 25(1-a), 27(1) OF ARMS
ACT, 1959, (NOW PENDING ON THE FILE OF LEARNED PRINCIPAL CITY
CIVIL AND SESSIONS JUDGE AT BENGALURU CITY IN SC.NO.831/2025)
AND CONSEQUENTLY, DIRECT THE 3RD RESPONDENT TO RELEASE THE
PETITIONER FORTHWITH FROM THE PRISON.
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, petitioner seeks the following reliefs:
"(i) To quash the arrest and remand order dated
14.03.2024 passed by learned 7th Addl. Chief Metropolitan
Magistrate, Bangalore City in Crime No.107/2024 registered by
the Kodigehalli Police Station for the offences punishable under
Sections 394, 397, 398, 450, 459, 400, 401, 201, 120B of IPC and
Sections 25(1-a) and 27(1) of Arms Act, 1959 (now pending on the
file of learned Principal City Civil & Sessions Judge at Bengaluru
City in S.C.No.831/2025) 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
HCGP for respondent Nos.1 and 2 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
Senior 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 18.03.2024 at about 01.00 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 partly allowed.
(ii) The impugned arrest of the petitioner on 18.03.2024 in
Crime No.107/2024 registered by the 1st respondent - Police and
consequential remand dated 14.03.2024 by the VII 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:
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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 once in two
weeks.
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
