Karnataka High Court
Shakil Ansari Sarkar @ Sarkar vs State Of Karnataka on 13 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:20459
CRL.P No. 7574 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 7574 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SHAKIL ANSARI SARKAR @ SARKAR
AGED ABOUT 25 YEARS,
S/O MUKAL SARKAR KALIKAPUR,
R / A NO.GOS KALIKAPUR VILLAGE,
ISLAMPUR THANA, MURSHIDABAD,
WEST BENGAL STATE
MURSHIDADAD, WEST BENGAL - 742 304
...PETITIONER
(BY SRI. RAKSHITH R., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BENGALURU RURAL RAILWAY PS,
REP. BY SPP, HIGH COURT OF KARNATAKA,
BENGALURU - 560 001
Digitally signed
by CHANDANA 2. VASANTH KUMAR GR
BM
S/O NOT KNOWN TO THE PETITIONER,
Location: High AGED ABOUT 45 YEARS,
Court of
Karnataka PSI (TRAFFIC),
BANGALORE CITY RAILWAY POLICE STATION,
BENGALURU CITY,
KARNATAKA - 560 023
3. CHIEF SUPERINTENDENT,
CENTRAL PRISON,
PARAPPANNA AGRAHARA
BANGALORE - 560 068
...RESPONDENTS
(BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1 & R2)
-2-
NC: 2025:KHC:20459
CRL.P No. 7574 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE ARREST OF PETITIONER
DATED 29.11.2024 IN CR.NO.85/2024 OF BENGALURU RURAL
RAILWAY P.S. FOR OFFENCE PUNISHABLE UNDER SECTION
20(b)(ii)(C) PENDING ON THE FILE OF XXX ADDL. CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU IN SPL.C.C.NO.179/2025 AND
CONSEQUENTLY DIRECT RESPONDENT NO.3 TO RELEASE THE
PETITIONER FROM JUDICIAL CUSTODY.
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:
"The above name Petitioner humbly pray that this
Hon'ble Court be pleased to quash the arrest of Petitioner
dated 29.11.2024 in Cr.No.85/2024 of Bengaluru Rural
Railway PS for offence punishable under Section 20(b)(ii)Ic)
pending on the file of XXX Addl. City Civil & Sessions Judge
at Bengaluru in Spl.C.C.No.179/2025 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
Addl. SPP 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
NC: 2025:KHC:20459
HC-KAR
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 29.11.2024, 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
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
NC: 2025:KHC:20459
HC-KAR
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 29.11.2024 in
Crime No.85/2024 registered by the 1st respondent - Police,
pending on the file of XXX Additional City Civil and Sessions
Judge, Bengaluru, in Spl.C.C.No.179/2025, is 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;
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;
NC: 2025:KHC:20459
HC-KAR
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 the date of his release.
f) The petitioner shall produce his address / identity
proof before the Jail authorities at the time of his
release.
g) 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.
h) Liberty is reserved in favour of the prosecution as
well as the Trial Court to take appropriate action
against the petitioner including cancellation of the
bail, 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
BMC
