Now Reading: Karnataka High Court pulls up Bengaluru police for illegal arrest
-
01
Karnataka High Court pulls up Bengaluru police for illegal arrest
The Karnataka High Court on Tuesday directed the immediate release of a man arrested by the Whitefield police two days before he was due to appear for investigation. Justice M Nagaprasanna termed…
The Karnataka High Court on Tuesday directed the immediate release of a man arrested by the Whitefield police two days before he was due to appear for investigation. Justice M Nagaprasanna termed the arrest a "classic illustration" of an illegal act, noting that the police had issued a notice under Section 35(3) of the BNSS asking the man to appear on August 27, but took him into custody on August 25.
The Court questioned the investigating officer's conduct and ordered him to appear in person on August 27 to explain why exemplary costs should not be imposed. Section 35(3) of the BNSS requires police to issue a notice of appearance instead of arresting immediately for offences punishable by up to seven years. The Court observed that arrest can follow only if the noticee fails to cooperate with the investigation.
The petitioner's lawyer argued that the only allegation against his client was that he was a signatory to a will that another person claimed was forged, arising from a 16-year-old civil dispute. The State Public Prosecutor submitted that the offence invoked was under Section 338 of the BNS (forgery of valuable security or will).
Indian Opinion Analysis
Section 35(3) BNSS, which replaced Section 41A of the old CrPC, was intended to curb unnecessary arrests by mandating a notice-to-appear before custody. The Karnataka High Court has been consistently enforcing this provision, with Justice Nagaprasanna hearing multiple such pleas this year alone. The real question here is whether the investigating officer will face personal costs, which could serve as a deterrent against similar hasty arrests across the state. The Court's next hearing on August 27 will decide that.
Source: barandbench.com
This brief was synthesised by AI from the source linked above.
