Case Note & Summary
The dispute arose from a criminal petition filed by the petitioner, accused No.2, challenging a remand order dated 26-05-2025 and seeking his release in Crime No.43 of 2025, pending before the II Additional District and Sessions Judge, Chikmagalur in S.C.No.113/2025. The petitioner was charged with offences under Sections 55, 103(1), and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly accepting supari (contract) from accused No.1 to murder her husband, which was executed on the night of 23-05-2025. The petitioner was apprehended on 25-05-2025 at 3:30 p.m., officially arrested at 5:00 p.m. after an arrest panchanama, and produced before the magistrate the next day at 5:25 p.m., resulting in a delay of 25 minutes from the arrest time. The core legal issue was whether this delay in production within 24 hours, alleged to violate Article 22(2) of the Constitution, entitled the petitioner to liberty and quashing of the remand order. The petitioner argued that the delay violated his fundamental rights, relying on precedents like Directorate of Enforcement v. Subhash Sharma and Biswajit Mandal v. Inspector, Narcotic Control Bureau. The respondents contended that the delay was due to the jurisdictional magistrate being on leave and travel time, and should be condoned, citing D.K. Basu v. State of West Bengal, and emphasized that regular bail had been rejected for the heinous crime. The court analyzed the facts, noting that grounds for arrest were furnished to the petitioner and his father, and the delay was minimal. It reasoned that mere delay in production does not automatically vitiate remand or warrant release if the arrest is lawful and investigation ongoing, referencing D.K. Basu. The court held that the procedural lapse did not justify setting the accused at liberty, especially given the serious nature of the offence and prior rejection of bail. Consequently, the petition was dismissed, upholding the remand order.
Headnote
A) Constitutional Law - Right to Liberty - Article 22(2) of Constitution of India - Delay in Production Before Magistrate - Petitioner arrested for murder under BNS, produced before magistrate with delay of 25 minutes from official arrest time - Court held that mere delay does not vitiate remand or entitle release if grounds for arrest are furnished and investigation is ongoing, citing D.K. Basu v. State of West Bengal - Delay condoned as travel time excluded and jurisdictional magistrate on leave (Paras 3-10). B) Criminal Procedure - Remand and Bail - Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Sections 47(1), 48(1), 55, 103(1), 3(5) - Quashing of Remand Order - Petitioner sought quashment of remand order dated 26-05-2025 and release, alleging violation of Article 22(2) - Court dismissed petition, upholding remand as grounds for arrest were served and regular bail already rejected for heinous crime of murder for hire - Held that procedural lapse does not warrant setting accused at liberty (Paras 4-10).
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Issue of Consideration: Whether the petitioner/accused No.2 should be set at liberty on the ground that he was not produced before the learned Magistrate within 24 hours of his arrest?
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Final Decision
Court dismissed the criminal petition, upholding the remand order dated 26-05-2025 and denying release of the petitioner
