Karnataka High Court
Sakthi Velu.G @ Sakthi vs State Of Karnataka on 10 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:19781
CRL.P No. 7570 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 7570 OF 2025
BETWEEN:
SAKTHI VELU.G @ SAKTHI
AGED ABOUT 35 YEARS
S/O LATE GOVINDAN
R/A NO.56, HOSA NAGAR,
NGEF LAYOUT
SADANANDANAGAR,
BENGALURU-560038
...PETITIONER
(BY SRI. RAKSHITH R., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BYAPANAHALLI PS
REP BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU-560001
2. PAPPU SHARMA
Digitally signed by S/O JUGAL SHARMA
CHANDANA B M
AGED ABOUT 47 YEARS
Location: High
Court of Karnataka R/A NO.05, C BUILDING,
2ND MAIN, 4TH CROSS,
KRISHNAIAHNAPALYA,
BENGALURU CITY,
KARNATAKA -560038
3. CHIEF SUPERINTENDENT
CENTRAL PRISON,
PARAPPANNA AGRAHARA,
BANGALORE-560068
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1 AND R3;
V/O DATED 29.05.2025, NOTICE TO R2 IS DISPENSED WITH)
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NC: 2025:KHC:19781
CRL.P No. 7570 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE ARREST OF PETITIONER DATED
10.10.2022 IN CR.NO.131/2022 OF BYAPPANAHALLI PS FOR OFFENCE
PUNISHABLE UNDER SECTION 302 READ WITH 34 IPC PENDING ON THE
FILE OF 13TH ACC AND SJ (CCH-22) M.H.UNIT, BENGALURU IN
SC.NO.225/2023 AND CONSEQUENTLY DIRECT RESPONDENT NO.3 TO
RELEASE THE PETITIONER FROM JUDICIAL CUSTODY.
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 relief:
"To quash the arrest of petitioner dated 10.10.2022 in
Cr.No.131/2022 of Byappanahalli PS for offence punishable
under section 302 r/w 34 IPC pending on the file of 13TH
ACC & SJ (CCH-22) M.H. Unit, Bengaluru in
S.C.No.225/2023 and consequently direct Respondent No.3
to release the petitioner from judicial custody in the interest
of justice."
2. Heard learned counsel for the petitioner and learned
HCGP for respondent Nos.1 & 3 and perused the material on
record. For the order proposed, notice to respondent No. 2 is
dispensed with.
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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 Hon'ble 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 10.10.2022 at about 11:00 AM, 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.
5. A perusal of the material on record will indicate that in
the instant case, grounds of arrest have not been furnished or
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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 10.10.2022 in
Crime No.131/2022 registered by the 1st respondent - Police and
consequential remand dated 11.10.2022 passed by the X Addl. Chief
Metropolitan Magistrate at Bengaluru 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 ;
b) The petitioner shall not involve in similar offences in
future;
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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/- (Rupees One Lakh only) with
one surety for the likesum, to the satisfaction of the
Trial Court within a period of two weeks from the
date of his release.
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
PMR
