Karnataka high court orders release of murder suspect for not providing arrest grounds details
Bengaluru: The
Karnataka high court
has struck down a remand order and ordered the release of a murder suspect, citing failure to provide proper grounds for arrest and other essential details.
Hemantha Datta, alias Hemantha or Baby, a delivery boy from Arsikere town in Hassan district, challenged the remand order dated Feb 17, 2023, issued by Judicial Magistrate First Class (JMFC), Arsikere. He was booked under sections 302 (murder) and 201 (destruction of evidence) of the IPC. His arrest memo and remand order merely stated his requirement in a murder case, with intimation given to his brother-in-law.
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His defence argued that his fundamental rights under Articles 21 and 22(1) of the Constitution were violated, stemming from the non-communication of arrest grounds. The arrest memo lacked adequate justification for his detention.
The additional state public prosecutor countered that the petitioner had received the arrest memo and intimation, in line with sections 50 and 50-A of CrPC. The prosecutor added that the requirement for a written communication of arrest grounds came into effect only after the Supreme Court's judgment in Pankaj Bansal case on Oct 3, 2023.
Justice Hemant Chandanagoudar referred to CBI vs RR Kishore case, where a constitution bench ruled that any law violating fundamental rights is void from the inception under Article 13(2). He also noted that procedural justice can be applied retrospectively, particularly when beneficial construction extends beyond procedural law.
The court observed that the arrest memo lacked essential information to the arestee-petitioner upon arrest, calling it a serious irregularity. This, the judge ruled, amounts to a violation of Articles 13(2), 21, and 22(1) of the constitution.
Justice Chandanagoudar ordered petitioner's release on a personal bond of Rs 1 lakh surety, mandating him to appear before the investigation officer when summoned and refrain from influencing any witnesses.
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