Case Note & Summary
The petitioner, Hemanth Datta @ Hemantha @ Baby, was arrested on 17.02.2023 in connection with Crime No. 35/2023 registered at Arasikere Town Police Station, Hassan District, for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860. He was produced before the Senior Civil Judge and JMFC, Arsikere, who passed a remand order on the same day, remanding him to judicial custody. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the remand order. The primary ground raised was that the grounds of arrest were not communicated to him as required under Article 22(1) of the Constitution and Section 50 of CrPC. The court examined the remand order and noted that it did not record any communication of grounds of arrest. The court held that the failure to communicate the grounds of arrest renders the arrest and subsequent detention illegal. Consequently, the court quashed the remand order and directed the petitioner's release from judicial custody, subject to compliance with bail conditions if any. The court also observed that the petition was allowed in the interest of justice.
Headnote
A) Criminal Procedure - Arrest and Remand - Communication of Grounds of Arrest - Article 22(1) Constitution of India, Section 50 CrPC - The petitioner challenged the remand order on the ground that the grounds of arrest were not communicated to him. The court held that non-communication of grounds of arrest renders the arrest and subsequent detention illegal, and the remand order is liable to be quashed. (Paras 1-4)
B) Constitutional Law - Fundamental Rights - Right to be Informed of Grounds of Arrest - Article 22(1) Constitution of India - The court emphasized that the right to be informed of the grounds of arrest is a fundamental right and any violation thereof vitiates the arrest. (Para 3)
Issue of Consideration
Whether the remand order dated 17.02.2023 is liable to be quashed on the ground that the grounds of arrest were not communicated to the petitioner as mandated under Article 22(1) of the Constitution of India and Section 50 of the Code of Criminal Procedure, 1973.
Final Decision
The writ petition is allowed. The impugned remand order dated 17.02.2023 passed by the Senior Civil Judge and JMFC, Arsikere, in Crime No. 35/2023 is quashed. The petitioner is ordered to be released from judicial custody forthwith, subject to compliance of bail conditions if any.
Law Points
- Arrest
- Grounds of arrest
- Communication of grounds
- Article 22(1) Constitution of India
- Section 50 CrPC
- Illegal detention
- Remand order
- Writ jurisdiction
- Quashing of remand
Case Details
2025 LawText (KAR) (04) 46
WP No. 9302 of 2025 (GM-RES)
Sri. Pratheep K.C. for petitioner, Sri. B.N. Jagadeesha (Addl. SPP) with Sri. Rahul Rai K. (HCGP) for respondent 1
Hemanth Datta @ Hemantha @ Baby
State of Karnataka, Manja Naika
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution read with Section 482 CrPC challenging the legality of a remand order.
Remedy Sought
Quashing of the remand order dated 17.02.2023 passed by the Senior Civil Judge and JMFC, Arsikere, in Crime No. 35/2023.
Filing Reason
The petitioner was arrested and remanded to judicial custody without being informed of the grounds of arrest, violating Article 22(1) of the Constitution and Section 50 of CrPC.
Previous Decisions
The petitioner was arrested on 17.02.2023 and remanded to judicial custody by the Senior Civil Judge and JMFC, Arsikere, on the same day.
Issues
Whether the remand order is liable to be quashed for non-communication of grounds of arrest as mandated under Article 22(1) of the Constitution and Section 50 of CrPC.
Submissions/Arguments
The petitioner argued that the grounds of arrest were not communicated to him, rendering the arrest and subsequent detention illegal.
The respondent State opposed the petition, but the court found merit in the petitioner's contention.
Ratio Decidendi
The failure to communicate the grounds of arrest to the arrested person as required under Article 22(1) of the Constitution of India and Section 50 of the Code of Criminal Procedure, 1973, renders the arrest and subsequent detention illegal, and the remand order based on such arrest is liable to be quashed.
Judgment Excerpts
The petitioner is before this Court in its writ jurisdiction under Articles 226 and 227 read with Section 482 of Cr.P.C. seeking to quash the impugned remand order dated 17.02.2023 (Annexure A) passed by Snr. Civil Judge and JMFC, Arsikere, in Crime No. 35/2023...
The petitioner has been in judicial custody since 17.02.2023 and has preferred the instant petition challenging his arrest on the grounds that no grounds of arrest were communicated to him.
Procedural History
The petitioner was arrested on 17.02.2023 in Crime No. 35/2023 for offences under Sections 302 and 201 IPC. He was produced before the Senior Civil Judge and JMFC, Arsikere, who passed a remand order on the same day remanding him to judicial custody. The petitioner filed WP No. 9302 of 2025 before the High Court of Karnataka challenging the remand order. The High Court allowed the petition on 17.04.2025, quashing the remand order and directing the petitioner's release.
Acts & Sections
- Constitution of India: Article 22(1), Article 226, Article 227
- Code of Criminal Procedure, 1973 (CrPC): Section 50, Section 482
- Indian Penal Code, 1860 (IPC): Section 302, Section 201
