Karnataka High Court
Sadanand S/O Shankarappa Kurli vs The State Of Karnataka on 18 July, 2022
Author: V.Srishananda
Bench: V.Srishananda
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CRL.P No. 101755 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101755 OF 2022 (482)
BETWEEN:
SADANAND S/O SHANKARAPPA KURLI,
AGE: 32 YEARS,
OCC: TRANSPORT BUSINESS,
R/AT. KASABAPET MAIN ROAD,
OLD HUBBALLI-580028.
...PETITIONER
(BY SRI. GOURISHANKAR S.MOT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
OLD HUBBALLI POLICE STATION,
HUBBALLI,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
...RESPONDENT
(BY SRI. RAMESH CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C. SEEKING TO QUASH THE IMPUGNED ORDER DATED
16.06.2022 AND ENLARGE THE PETITIONER/ACCUSED NO.1
ON STATUTORY BAIL BY ALLOWING THE APPLICATION FILED
U/SEC. 167(2) OF CR.P.C. IN OLD HUBBALLI POLICE STATION
CRIME NO.32/2022 NOW REGISTERED IN C.C.NO.3393/2022
FOR THE OFFENCE PUNISHABLE U/SEC. 302, 201, 212 R/W
SEC. 149 OF IPC PENDING BEFORE THE IV ADDITIONAL CIVIL
JUDGE AND JMFC AT HUBBALLI.
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CRL.P No. 101755 of 2022
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader is directed to take notice for the respondent-State. Heard Sri Gourishankar H.Mot, learned counsel for the petitioner and learned High Court Government Pleader. Perused the records on admission.
2. The present petition is filed under Section 482 of Cr.P.C. with the following prayer :-
"To quash the impugned order dated 16.06.2022 and enlarge the petitioner/accused No.1 on statutory bail by allowing the application filed u/sec. 167(2) of Cr.P.C. in Old Hubballi Police Station Crime No.32/2022 now registered in C.C.No.3393/2022 for the offence punishable u/sec. 302, 201, 212 r/w sec. 149 of IPC pending before the IV Additional Civil Judge and JMFC at Hubballi."
3. The brief facts of the case are as under :-
Accused-petitioner came to be arrested by the Old Hubballi Police on 11.03.2022. He was charged -3- CRL.P No. 101755 of 2022 with the offence under Sections 302, 201 IPC.
However even after lapse of 90 days, the charge sheet was not filed. Therefore, the accused-
petitioner exercised his right as contemplated under Section 167(2) Cr.P.C. for grant of statutory bail.
The same was opposed to by the prosecution stating that charge sheet came to be filed on 10.06.2022 and therefore, the filing of the charge sheet on the 91 s t days is well within the time prescribed under Section 167(2) Cr.P.C. Learned Magistrate dismissed the application filed under Section 167(2) by order dated 16.06.2022. Being aggrieved by the same, petitioner is before this Court.
4. Reiterating the grounds urged in the petition, learned counsel for the petitioner submits that the charge sheet filed on 10.06.2022 is beyond time as it was on 91 s t day. He also pointed out that the arrest has taken place on 11.03.2022 and excluding the date of arrest and including the date -4- CRL.P No. 101755 of 2022 of filing charge sheet should have been 90 days and filing the charge sheet on 91 s t days is thus illegal.
5. Per contra, learned High Court Government Pleader supports the impugned order.
6. In order to ascertain the rival contentions of the parties, this Court secured the records. However, on the application filed by the accused, the learned Magistrate has no doubt initialed and put the date as 10.06.2022, but no time is entered. The charge sheet also came to be filed on 10.06.2022 and same is available in the Court record again. Again the same is signed by the learned Magistrate, but no time is entered. The calculation as per the petitioner for computing the time for the prosecution to file the charge sheet is as under:
Calculation of days Months From To Total days Accused 11/03/2022 11/03/2022 Exc luding No.1 remanded -5- CRL.P No. 101755 of 2022 March 12/03/2022 31/03/2022 20 days April 01/04/2022 30/03/2022 30 days May 01/05/2022 31/03/2022 31 days June 01/06/2022 09/06/2022 09 days 90 days completed for f iling of charge 90 days sheet completed Bail applic ation filed on dated 91 s t day 10/6/2022 and af ter same on very same day final report was filed without any seeking of e xtension of period
7. As could be seen from the above calculation, charge sheet ought to have been filed on or before 09.06.2022 having regard to the fact that the accused came to be arrested on 11.03.2022. It is settled principles of law that the filing of the charge sheet should be on the 90 t h day if the prosecution has already utilized the arrest date. Accordingly, a case is made out by the petitioner to allow his application. Hence, the following:-
ORDER The petition is allowed.
Application filed by the accused- petitioner under Section 167(2) Cr.P.C. is -6- CRL.P No. 101755 of 2022 allowed and release order be passed after taking necessary bond by the learned Magistrate to his satisfaction.
SD/-
JUDGE CLK