The Karnataka High Court has issued a stern ruling against arbitrary police action, declaring the arrest of a witness prior to the expiration of a statutory notice deadline illegal. Hearing a petition filed by K.N. Mohan Reddy, Justice M. Nagaprasanna strongly condemned the Whitefield police in Bengaluru for detaining an attesting witness to a disputed will on August 25, 2026, despite having issued him a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) requiring his appearance two days later on August 27.
The High Court observed that statutory safeguards intended to protect personal liberty cannot be rendered a 'trap' by state authorities. The bench emphasized that arrest during investigation is discretionary rather than mandatory, especially for minor offences or civil disputes. Because the petitioner was merely an attesting witness and not the beneficiary or propounder of the will, his premature arrest constituted an unjustified misuse of coercive state power.
Holding the officers directly accountable, the High Court ordered the Investigating Officer, the Assistant Commissioner of Police, and the Deputy Commissioner of Police concerned to personally pay ₹3,00,000 in exemplary compensation to the aggrieved citizen. The court explicitly barred the state exchequer from bearing this cost. Additionally, the court directed the Director General and Inspector General of Police (DG&IGP) to issue comprehensive guidelines warning police personnel across all ranks against illegal arrests and detentions.
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