15 July 2025 Civil Writ Petition >> Civil & Consumer Law  

In P. Punith v/s State By Basaveshwaranagara Police Represented By Government Pleader, Bangalore, a writ petition filed under Articles 226 and 227 of the Constitution of India, challenging the First Information Report (FIR) and subsequent arrest of the petitioner (accused No. 2) in Crime No. 266/2025. The FIR was lodged by Smt. Kusuma M. with the Basaveshwara Nagar Police, alleging offenses under Sections 316(2), 318(4), 351(2), 352 read with Section 190 of the Bharatiya Nyaya Sanhita (BNS) Act, and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments (KPID) Act.

The petitioner's primary contention was the illegality of his arrest. He was served a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on July 8, 2025, at 9:45 AM, asking him to appear on the "very same day" without specifying a time. Notably, he was arrested at 5:00 PM on the same day.

The Court found that the arrest was in clear violation of Sections 35(3), (4), (5), and (6) of the BNSS Act, 2023, and precedents set by the Supreme Court in cases like Arnesh Kumar vs. State of Bihar and Satender Kumar Antil vs. CBI. The learned Additional Special Public Prosecutor (SPP) conceded that issuing the Section 35(3) notice was unnecessary in the first place, and even after issuing it, the police failed to provide reasonable time for the petitioner to appear. The SPP acknowledged the "lacunae" and the rapid arrest within six hours of the FIR registration and even less time after the notice was issued.

Based on these facts and the SPP's fair submission, the Court ruled the petitioner's arrest to be illegal and contrary to law. As a result, the Court issued the following orders:

• The arrest of the petitioner (accused No. 2) on July 8, 2025, in Crime No. 266/2025 is quashed.
• The police and jail authorities are directed to immediately release the petitioner.
• The petitioner is granted liberty to file a bail or anticipatory bail application before the Trial Court, which must be considered and disposed of within one week of filing.
• The respondent police authorities are directed not to take any coercive steps or arrest the petitioner for ten days from the date of the order, provided the petitioner cooperates with the ongoing investigation.
• The petitioner retains the liberty to file fresh petitions or pursue other legal remedies if the situation warrants.

The order was directed to be communicated immediately to the concerned police and jail authorities for swift implementation.

Section 4, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023     

Section 5, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023     

Section 6, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023  

Section 35, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023     

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023  

Section 190, BHARATIYA NYAYA SANHITA - 2023  

Section 316, BHARATIYA NYAYA SANHITA - 2023  

Section 318, BHARATIYA NYAYA SANHITA - 2023  

Section 351, BHARATIYA NYAYA SANHITA - 2023  

Section 352, BHARATIYA NYAYA SANHITA - 2023  

BHARATIYA NYAYA SANHITA, 2023  

Section 226, Constitution of India - 1950  

Section 227, Constitution of India - 1950  

Constitution of India, 1950