Karnataka High Court: Rajendra Badamikar, J., dismissed the petition being devoid of merits.
The factual matrix of the instant case is that the petitioner being accused 1 was prosecuted for the offences punishable under Sections 380, 457, 458, 382, 201 of Penal Code 1860 i.e. IPC and Section 25(IA) of the Arms Act, 1959. The petitioner was arrested on 06-02-2021 and the supplementary charge sheet was filed on 17-05-2021 under Section 173(8) of Criminal Procedure Code i.e. CrPC. A petition for statutory bail Section 167(2) CrPC was sought on ground that the charge sheet was not submitted within 90 days from the date of his arrest which was thereby rejected and then revision petition was filed which was also rejected. Hence instant petition was filed under Section 439 of CrPC, for setting aside the impugned order.
Counsel for the petitioner Anand R. Kolli submitted that arrest took place on 06-02-2021 and supplementary charge sheet was submitted on 17-05-2021 and as the supplementary charge sheet was not filed within 90 days, as per the statute, he is entitled for statutory bail.
Counsel for respondents Ramesh B. Chigari contended that the charge sheet was submitted against the present petitioner prior to his arrest only. Hence, the provisions of Section 167(2) of CrPC cannot be applicable to him.
The Court observed that the petition is not maintainable as the charge sheet was submitted on 04-01-2021 and the present petitioner was arrayed as accused 1 in the charge sheet. The charge sheet was submitted for the offences punishable under Sections 380, 457, 458, 382, 201 of IPC and Section 25(I-A) of the Arms Act, 1959 against the present petitioner. However, as some of the accused were absconding, the investigation officer in his charge sheet itself sought leave of the Court to submit supplementary charge sheet in due course. The supplementary charge sheet was submitted on 17-05-2021 by collecting some additional material.
The Court observed that as per Section 167(2) Cr.PC the Magistrate can order for detention of the accused for maximum 90 days or 60 days as the case may be if the charge sheet is not filed and investigation is not concluded from the date of arrest. Section 167(2) of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge sheet is filed against particular accused and supplementary charge sheet is submitted against other accused or for additional evidence, the provisions of Section 167(2) of Cr.P.C., cannot be applicable.
The Court thus held “the petition is devoid of any merits and is misconceived and hence, it needs to be rejected both on maintainability and as well as on merits.”
[Santosh v. State of Karnataka, Criminal Petition No. 101403 of 2021, decided on 03-08-2021]
Arunima Bose, Editorial Assistant has reported this brief.
