[Cites 1, Cited by 0]
Karnataka High Court
Nanjunda vs State Of Karnataka on 7 April, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2026:KHC:19008
WP No. 9989 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 9989 OF 2026 (GM-RES)
BETWEEN:
NANJUNDA
S/O RAMESHAPPA,
AGED ABOUT 33 YEARS,
R/AT MARAVANJI VILLAGE,
YAGATI HOBLI, KADURU TALUK,
CHIKKAMAGALURU DISTRICT - 577 132.
...PETITIONER
(BY SRI PRATHEEP K.C., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed
by SANJEEVINI BY BANAVARA POLICE STATION,
J KARISHETTY HASSAN
Location: High REPRESENTED BY SPP,
Court of
Karnataka HIGH COURT BUILDING,
BENGALURU - 01.
2. MAMATHA C.,
S/O LAKKAPPA,
AGED ABOUT 37 YEARS,
R/AT DONANAKATTE VILLAGE,
KONAKATTE HOBLI,
ARSIKERE TALUK
-2-
NC: 2026:KHC:19008
WP No. 9989 of 2026
HC-KAR
HASSAN - 573 201.
...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADD.SPP FOR R-1)
THIS WP IS FILED UNDER ARTICES 226 AND 227 OF
CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS,
PRAYING TO QUASHING THE IMPUGNED REMAND ORDER
DATED 03.03.2026 VIDE ANNEXURE-A IN S.C NO. 155/2025
PASSED BY THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HASSAN FOR THE OFFENCES PUNISHABLE U/S 103(1),
115(2), 118(1), 351(2)(3) R/W 3(5) OF BNS BY BANAVARA
POLICE (ANNEXURE-A) IN SO FAR AS THE PETITIONER IS
CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY; 2.
ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING
THE RESPONDENT NO.1 RELEASE THE PETITIONER
FORTHWITH IN S.C. NO. 155/2025 ON THE FILE OF PRINCIPAL
DISTRICT AND SESSION'S JUDGE AT HASSAN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-3-
NC: 2026:KHC:19008
WP No. 9989 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question a remand
order dated 03.03.2026, passed by the Principal District and Sessions
Judge, Hassan, for the offences punishable under Sections 103(1),
115(2), 118(1), 351(2) and (3) r/w. 3(5) of BNS, in S.C.No.155/2025.
2. Heard Sri Pratheep K.C., learned counsel for petitioner and Sri
B.N.Jagadeesha, leaned Additional State Public Prosecutor for
respondent No.1.
3. The petitioner is before the Court on a very strange
circumstance. The petitioner gets embroiled in a crime in Crime
No.32/2025 for offence punishable under 103(1), 115(2), 118(1),
351(2) and (3) r/w. 3(5) of BNS.
4. On the ground that the petitioner has not been furnished the
grounds of arrest, was set at liberty at the hands of the co-ordinate
bench of this Court in terms of the order dated 10.02.2026, passed in
Crl.P.No.16200/2025. The order of the co-ordinate bench is as
follows:
NC: 2026:KHC:19008
HC-KAR
"Considering the above aspects the following:
ORDER
i) The petition is partly allowed.
ii) The petitioner is set at liberty. However, the
prosecution may move an application for
remand/custody after supply of grounds of arrest in
writing to the petitioner/accused No.2 before the trial
Court.
iii) The remand of the petitioner and accused No.1 has
been sought by Circle Police Inspector, Arsikere Rural Circle,
Arsikere. There has been lapse on the part of the CPI, Arsikere
Rural Circle in not furnishing the grounds of arrest to the
petitioner/accused No.2 and accused No.1 and non-complying
Section 47 of BNSS, 2023 (Section 50 of Cr.P.C.).
iv) Send a copy of this order by e-mail to the
Superintendent of Police, Hassan with a copy to CPI, Arsikere
Rural Circle, Arsikere.
v) Send the records to Trial Court with copy of this order
forthwith."
(Emphasis supplied)
The co-ordinate bench observes that, in the event, the
prosecution, after furnishing the grounds of arrest to the petitioner,
can file an application seeking remand or custody of the petitioner. In
terms of the impugned order, the concerned Court even before
NC: 2026:KHC:19008
HC-KAR
furnishing of the grounds of arrest to the petitioner, has again directed
that the petitioner be taken into custody.
5. It is an admitted fact that the prosecution is yet to serve the
grounds of arrest in terms of the order passed by the co-ordinate
bench quoted supra. The concerned Court appears to have been in a
mortal hurry to drag back the petitioner into the prison even without
the prosecution complying with the order passed by afore-quoted
order of the co-ordinate bench of this Court.
6. Therefore, on this sole circumstance that the order of the
concerned Court on the face of it runs contrary to what the co-ordinate
bench had observed, the petitioner is to be set at liberty only for the
folly of the concerned Court to bring back the petitioner into the
prison, even without compliance with the order passed by the co-
ordinate bench.
7. For the aforesaid reasons, the following:
ORDER
a. The writ petition is allowed.
NC: 2026:KHC:19008
HC-KAR
b. The impugned remand order dated 03.03.2026, passed by the
Principal District and Sessions Judge, Hassan, stands
quashed.
c. The petitioner shall be set at liberty, forthwith, subject to the
compliance by the order passed by the co-ordinate bench
quoted supra.
d. The prosecution is at liberty to move an application for
remand/custody after furnishing the grounds of arrest in
writing to the petitioner/accused No.2 before the trial Court.
e. The Registry is directed to communicate this order to the
Superintendent, Central Prison, Hassan, to release the
petitioner from prison, forthwith.
Sd/-
(M.NAGAPRASANNA)
JUDGE
NVJ
List No.: 2 Sl No.: 72
