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The Karnataka High Court has on August 25 [Tuesday] termed the simultaneous arrest of a person despite a statutory notice issued earlier under Section 35(3) of the BNSS, directing him to appear on a future date, as a 'classical illustration' of illegal arrest.

The single judge bench of Justice M Nagaprasanna, while hearing the petition challenging the arrest and FIR, observed that the police action was tantamount to 'taking the liberty of citizens for granted in this fashion'.

“…This Court has repeatedly observed that citizens are arrested without rhyme or reason. The case forms a classical illustration of such illegal arrest…”, the Court remarked.

“…The notice issued to the petitioner admittedly directed the petitioner to appear before the Police for the purpose of investigation on 27.08.2026, which date is yet to come, but the petitioner is taken into custody, which act on the face of it is illegal. The Investigating Officer whose act now is illegal, shall be present before the Court on 27.08.2026 at 2.30 p.m. to answer as to why exemplary cost should not be imposed on him, for the act which is done completely contrary to law taking the liberty of citizens for granted in this fashion…”

In a crime registered by Whitefield Police Station two weeks ago, the petitioner was arraigned as accused no.2 for offences punishable under Sections 61 (criminal conspiracy), 338 (forgery of a Will or other specified documents), and 340(2) (fraudulent or dishonest use of forged document as genuine) of the Bharatiya Nyaya Sanhita, 2023.

The FIR stems from a three decades old Will which is disputed, and other documents relating to immovable property at Nallurahalli.

According to the petitioner, on August 25, 2026, the Investigating Officer issued a notice under Section 35(3) of the BNSS, 2023 [a police officer may issue a notice to a person to appear before him where arrest is not considered necessary], asking the petitioner to appear before Whitefield Police Station at 11:00 AM on August 27.

“…The arrest could come about only if the notice does not cooperate with the same[notice]”, the court initially noted in the order, noting the factual circumstances.

However, in the early hours of August 25, the police officials allegedly came to the petitioner's residence, served the notice upon him, and immediately took him into custody, without even permitting him any opportunity to comply with the statutory notice.

The petitioner was denied even the chance to appear on the stipulated date without any new circumstance warranting such arrest on the same date, Adv. Angad Kamath submitted before the court. Kamath also submitted before the court that the proceedings before the judicial magistrate for production of the petitioner was underway when the case was being argued.

“...Learned counsel appearing for the petitioner submits that the petitioner is arrested and proceedings are now going on before the Court of the learned Magistrate with regard to remanding to judicial custody or otherwise, be that as it may…. If the petitioner has been taken into custody by this illegal act of the Investigating Officer, the petitioner shall be released forthwith from custody…”, the court said, directing that the order be communicated immediately to prison authorities by the Court Registry.

The petition also challenges the FIR itself on the ground that it doesn't disclose the essential ingredients of the offences alleged against the petitioner.

Case Title: Mr. K.N. Mohan Reddy v. State of Karnataka & Another

Case No: Crl P: 13117/2026

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