c) Direct the Respondents to pay compensation to
the Petitioner not less than Rs.5 Lakhs for illegally detaining
him without any reason, crime, investigation or trial.
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d) Grant such other and further reliefs as this Hon'ble
Court may deem fit in the facts and circumstance of the
case, in the interest of justice and equity.
e) Quash the order dated 10.09.2025 passed by the
Respondent No.2 u/s 135(1) of BNSS, 2023 including the
PAR No. 18/2025 registered by Respondent No.3 u/s 127 of
BNSS, 2023 and all further proceedings pursuant thereto."
2. The petitioner alleges that respondents 2 and 3
without providing any reasons for arrest have illegally
detained the petitioner under Section 135(3) of BNSS,
2023. Petitioner contends that the action of respondent is
arbitrary and the arrest/detention of petitioner is illegal
and the same has resulted in violation of fundamental
right to life, liberty, dignity, reputation and freedom of
movement conferred under Article 19 of the Constitution
of India.
3. Pending consideration of the captioned petition,
petitioner is also aggrieved by the order passed by
respondent No.2 under Section 130 of BNSS, 2023 vide
order dated 10.9.2025.
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4. The learned Senior Counsel appearing for the
Petitioner while reiterating the grounds would point out
that petitioner initially was illegally arrested and produced
before respondent No.2 not preceded by any registration
of crime for cognizable offence. He would further point
out that without notifying the petitioner the reasons for
arrest, respondent No.2 ordered to place petitioner under
judicial custody on 10.9.2025.
5. Citing the following judgments, the learned
Senior Counsel would point out that arrest by respondent
No.1 is highly illegal and is squarely covered by the law
laid down by the judgment of the Co-ordinate Bench in the
case of Sathi Sundaresh and others .vs. The State PSI
of Moodigere P.S. and others1.
6. Per contra, learned SPP appearing on behalf of
respondents has filed a detailed synopsis and has
produced all the documents which led to arrest of
2007 SCC Online Kar 171
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petitioner in anticipation of call given by petitioner to
march towards Mandya on 10.9.2025. Therefore,
respondent No.1 acting under Section 151 of Cr.P.C.
rightly detained petitioner and produced before respondent
No.2. Despite opportunity afforded by respondent No.2,
petitioner has declined to execute a bond as provided
under Section 127 of BNSS 2023. Petitioner is sent to
judicial custody pursuant to proceedings initiated in
PAR.No.18/2025 now pending before respondent No.2/The
Special Executive Magistrate and Deputy Commissioner of
Police.
7. Heard the learned Senior counsel appearing for
the petitioner and the learned SPP appearing for the State
and perused the records.
8. The primary contention of petitioner that the
grounds of arrest were not served on the petitioner is
equally rebutted by the State, the same is produced along
with the synopsis wherein petitioner is served with the
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notice at 8.45 p.m. on 10.9.2025. There is no serious
dispute in regard to the signatures of petitioner obtained
on the grounds of arrest notice.
9. Be that as it may, the State is able to place on
record that petitioner has got antecedents and several
criminal cases are pending against the petitioner.
Respondent No.1 has also placed material relating to
petitioner using social media where a call is given to
march towards Mandya where there was already existing
communal tension.
10. The short point that needs consideration is as to
whether the petitioner can maintain this petition on the
ground that his arrest was illegal and without justification.
11. A proceeding under Section 127 of BNSS is not
punitive but is preventive and the object is to maintain
public tranquility and public peace. The object is not to
punish the person and send him to jail. Respondent No.2
on an enquiry and having found antecedents of petitioner
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has called upon petitioner to execute a bond for
maintaining law and order in additional to keeping the
peace as required under Section 107 of BNSS, 2023.
12. Therefore, the order impugned passed under
Section 130 of BNSS, 2023 is based upon more than 15
FIRs registered against the petitioner. Despite
opportunity, petitioner has not chosen to offer
explanation. Respondent No.2/authority has called upon
petitioner to execute a bond for maintaining law and
order, which strictly aligns with the mandate provided
under 127 of BNSS 2023. Therefore, petitioner without
executing a bond cannot indirectly seek indulgence at the
hands of this Court under Section 482 of Cr.P.C.
13. It is open for petitioner to furnish the bond as
indicated in the order impugned passed under Section 130
of BNSS, 2023 and in the event, such a bond is executed
by the petitioner, respondent No.2 strictly adhering to the
provision under Section 130 of BNSS, on satisfaction shall
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pass appropriate orders in accordance with law, within
2 weeks.
14. In the light of the observations made supra, the
relief sought in the captioned petition cannot be granted.
Accordingly, the petition is dismissed.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
ALB
