The Karnataka High Court granted bail to Accused No.2 in a murder case after the police failed to give him the grounds of arrest in writing before producing him before the Magistrate.
Justice Shivashankar Amarannavaar said the lapse made the arrest illegal, and it entitled the accused to release. The Court relied on the Supreme Court ruling in Mihir Rajesh Shah v. State of Maharashtra (2025).
Court’s Key Finding
The Court noted that the investigating officer arrested the petitioner but did not furnish written grounds of arrest before remand.
The Judge held that this non-compliance rendered the arrest illegal and supported the grant of bail.
Charges in the Case
The police registered the case for offences under the BNS, including:
- Section 103(1) – murder
- Section 115(2) – voluntarily causing hurt
- Section 118(1) – hurt/grievous hurt by dangerous weapons
- Section 351(2) & 351(3) – criminal intimidation
- Read with Section 3(5) – common intention
What Mihir Rajesh Shah (2025) Says
The High Court relied on the Supreme Court’s view that the police must provide the grounds of arrest in writing, in a language the arrestee understands.
The Supreme Court also held that the police should supply written grounds within a reasonable time, and in any event at least two hours before producing the accused for remand.
The High Court treated this requirement as crucial under Section 47 BNSS (earlier Section 50 CrPC).
Prosecution Version
The prosecution alleged the following:
- Accused No.1 earlier worked under the deceased.
- The deceased allegedly removed him after catching him for theft.
- The incident allegedly occurred on 04.04.2025 at about 11:30 PM.
- CWs 2 to 6 were playing chowkabara in front of Basavanna’s house.
- Accused No.1 allegedly accused them of gambling and threatened police action.
- The witnesses allegedly informed the deceased and went to question Accused No.1.
- The prosecution said Accused No.2 quarrelled with the deceased and assaulted him.
- It alleged Accused No.2 brought a knife and stabbed the deceased on the ribs.
- It further alleged Accused No.1 snatched the knife and stabbed the deceased in the chest.
- Two witnesses allegedly suffered injuries when they intervened.
Defence Stand and State’s Reply
The petitioner said:
- Police arrested him on 05.04.2025.
- He remained in judicial custody since then.
- The charge sheet is already filed, so custodial interrogation is not needed.
- Police never gave him written grounds of arrest before remand.
The State replied:
- Police informed the petitioner’s sister about the arrest.
- The petitioner knew why police arrested him.
- No violation occurred, according to the State.
Final Order
The Court granted bail to Accused No.2 and directed release, subject to conditions.
It also clarified that the prosecution can seek remand again after supplying written grounds of arrest to the accused before the trial court.
The Court recorded a “lapse” by the CPI, Arsikere Rural Circle, for not complying with Section 47 BNSS / Section 50 CrPC.
Case Title: Nanjunda v. The State of Karnataka
