<p>Bengaluru: The Karnataka High Court has issued a direction to the state government to update the arrest memo forms to ensure compliance of ‘grounds of arrest’, as laid down by the Apex Court.</p><p>Justice S Vishwajith Shetty passed this direction in the order granting bail to the accused in the Renukaswamy murder case, observing that failure to provide ‘grounds of arrest’ in proper format would entitle the accused for bail.</p><p>The court said that service of memo of grounds of arrest immediately after the arrest is a mandatory requirement of law for all offences post October, 3, 2023 onwards. “..therefore, there is an urgent need to update the arrest memo forms to ensure effective compliance of Section 50(1) of Cr.PC (corresponding provision under Section 47 of BNSS, 2023) and Article 22(1) of the Constitution of India,” Justice Vishwajith Shetty said, citing Apex Court order in Pankaj Bansal and Prabir Purkayasta case.</p>.Renukaswamy murder case: Darshan, Pavithra Gowda and others get bail from Karnataka High Court.<p>One of the main grounds contended by the accused in the Renukaswamy murder case was that the grounds of arrest was not served on them. The court noted that all that is mentioned in the order sheet was about service of checklist, arrest memo, arrest intimation and inspection memo. The Apex Court had categorically held that grounds of arrest would invariably be personal to the accused and cannot be equated with the reasons of arrest which are general in nature, Justice Vishwajith Shetty said.</p><p>“The Director General of Police, State of Karnataka, shall therefore take necessary steps forthwith prescribing a uniform format for communicating grounds of arrest in writing to the person arrested, which shall include all basic facts of the case leading to the arrest, and the copy of such memo of grounds of arrest as communicated to the arrested person shall be enclosed along with the remand report when filed before the Magistrate seeking remand. The Magistrates and Judges in the District Judiciary who exercise powers of remand shall record their satisfaction of compliance, or otherwise, of the requirement mandated under Section 50(1) of<br>Cr PC (Corresponding provision under Section 47 of BNSS, 2023) and Article 22(1) of the Constitution of India, without fail,” the court said.</p>
<p>Bengaluru: The Karnataka High Court has issued a direction to the state government to update the arrest memo forms to ensure compliance of ‘grounds of arrest’, as laid down by the Apex Court.</p><p>Justice S Vishwajith Shetty passed this direction in the order granting bail to the accused in the Renukaswamy murder case, observing that failure to provide ‘grounds of arrest’ in proper format would entitle the accused for bail.</p><p>The court said that service of memo of grounds of arrest immediately after the arrest is a mandatory requirement of law for all offences post October, 3, 2023 onwards. “..therefore, there is an urgent need to update the arrest memo forms to ensure effective compliance of Section 50(1) of Cr.PC (corresponding provision under Section 47 of BNSS, 2023) and Article 22(1) of the Constitution of India,” Justice Vishwajith Shetty said, citing Apex Court order in Pankaj Bansal and Prabir Purkayasta case.</p>.Renukaswamy murder case: Darshan, Pavithra Gowda and others get bail from Karnataka High Court.<p>One of the main grounds contended by the accused in the Renukaswamy murder case was that the grounds of arrest was not served on them. The court noted that all that is mentioned in the order sheet was about service of checklist, arrest memo, arrest intimation and inspection memo. The Apex Court had categorically held that grounds of arrest would invariably be personal to the accused and cannot be equated with the reasons of arrest which are general in nature, Justice Vishwajith Shetty said.</p><p>“The Director General of Police, State of Karnataka, shall therefore take necessary steps forthwith prescribing a uniform format for communicating grounds of arrest in writing to the person arrested, which shall include all basic facts of the case leading to the arrest, and the copy of such memo of grounds of arrest as communicated to the arrested person shall be enclosed along with the remand report when filed before the Magistrate seeking remand. The Magistrates and Judges in the District Judiciary who exercise powers of remand shall record their satisfaction of compliance, or otherwise, of the requirement mandated under Section 50(1) of<br>Cr PC (Corresponding provision under Section 47 of BNSS, 2023) and Article 22(1) of the Constitution of India, without fail,” the court said.</p>