High Court Slams Whitefield Police Over Premature Arrest of Accused

The Karnataka High Court has termed an arrest made by the Whitefield Police a “classical illustration” of illegal arrest, observing that the police's conduct amounted to taking the liberty of citizens for granted.

Justice M Nagaprasanna made the observations while hearing a petition challenging an arrest and First Information Report (FIR) registered against the petitioner by officers at the Whitefield Police Station.

According to the court, the Whitefield Police had issued a formal statutory notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The notice directed the petitioner to appear before the investigating officer at 11 am on August 27. However, the police arrested the petitioner at his residence on August 25, shortly after serving the notice, without waiting for the scheduled appearance date.

The case originates from an FIR registered by the Whitefield Police Station approximately two weeks ago. The petitioner has been booked under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, including Section 61 for criminal conspiracy, Section 338 for forgery of a will or certain specified documents, and Section 340(2) for the fraudulent or dishonest use of a forged document as genuine.

The High Court took serious exception to the manner in which the arrest was executed by the investigating authorities despite the pending date given in the statutory notice.

Justice Nagaprasanna directed the investigating officer from the Whitefield Police Station to appear in person before the court at 2:30 pm on August 27. The officer was directed to explain why exemplary costs should not be imposed against the police for the alleged illegal arrest.