Karnataka High Court
Ajay Roa vs State Of Karnataka on 13 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:20458
CRL.P No. 6991 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. 6991 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
AJAY ROA
S/O NORTHAMAL
AGED ABOUT 24 YEARS
R/AT NO NIL,
BHAGAVANAPUR VILLAGE,
JEVAJA TQ BHILWARA
RAJASTHAN
...PETITIONER
(BY SRI. VAIDYANATHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY CITY KARKET P S
REP. BY SPP,
HIGH COURT OF KARNATAKA
Digitally signed
BENGALURU - 560 001.
by CHANDANA B
M 2. NAGARAJU SHINDHE
Location: High S/O MOHAN SHINDHE
Court of
Karnataka AGED ABOUT 27 YEARS
R/AT NO. 1, 2ND CROSS,
RT STREET, CHIKKAPETE,
BENGALURU CITY
KARNATAKA - 560 053
3. CHIEF SUPERINDENT
CENTRA PRISON,
PARAPPAN AGRAHARA,
BANGALORE - 560 068
...RESPONDENTS
(BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1)
-2-
NC: 2025:KHC:20458
CRL.P No. 6991 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE ARREST DATED 26.01.2025 IN
CR.NO.18/2025 OF CITY MARKET PS FOR OFFENCES PUNISHABLE
UNDER SECTION 310(2) OF BNS, SEC. 3, 25(1-B)(a) ARMS ACT
PENDING ON THE V ADDL. CMM AT BANGALORE IN
C.C.NO.10757/2025 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 reliefs:
"The above named Petitioner humbly pray that this
Hon'ble Court be pelased to quash the arrest dated
26.01.2025 in Cr.No.18/2025 of City Market PS for offence
punishable under Section 310(2) of BNS, Section 3, 25 (1-B)
(a) Arms Act pending on the V Addl. CMM at Bangalore in
C.C.No.10757/2025 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 No.1. 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
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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 26.01.2025, 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
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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 26.01.2025 in
Crime No.18/2025 registered by the 1st respondent - Police,
pending on the file of the V Addl. CMM, Bengaluru, in
C.C.No.10757/2025 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;
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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
