Case Note & Summary
The petitioner, Moulali S/o Babajan Challal, was arrested in connection with offences punishable under Sections 376(2)(n), 506 of the Indian Penal Code, 1860, and Sections 4, 6, 8, 12 of the Protection of Children from Sexual Offences Act, 2012, registered at Adur Police Station. The petitioner was first remanded to judicial custody on 04.12.2024. The investigation was not completed within 60 days from the date of first remand, and the charge sheet was not filed within that period. The petitioner filed an application for default bail before the Additional District and Sessions Judge, FTSC-I, Haveri, in Spl.S.C.No.08/2025, which was rejected by order dated 01.02.2025. Aggrieved by the rejection, the petitioner filed a criminal revision petition under Section 397 of the Code of Criminal Procedure, 1973, read with Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the High Court of Karnataka, Dharwad Bench. The High Court heard the arguments of the learned counsel for the petitioner, Sri Aravind D. Kulkarni, the learned High Court Government Pleader for respondent No.1, Smt. Girija S. Hiremath, and the learned counsel for respondent No.2, Sri Umesh P. Hakkarki. The court considered the fact that the petitioner had completed 60 days in custody and the charge sheet was not filed within that period. The court held that the right to default bail under Section 167(2) CrPC is an indefeasible right that accrues when the investigation is not completed within the prescribed period, and the accused is entitled to be released on bail if the charge sheet is not filed within that period, regardless of the gravity of the offence. The court set aside the order dated 01.02.2025 passed by the Additional District and Sessions Judge, FTSC-I, Haveri, and allowed the application for default bail, directing that the petitioner be enlarged on bail on certain conditions.
Headnote
A) Criminal Procedure Code - Default Bail - Section 167(2) CrPC - Indefeasible Right - The right to default bail under Section 167(2) CrPC accrues when the investigation is not completed within the prescribed period of 60 days from the date of first remand, and the accused is entitled to be released on bail if the charge sheet is not filed within that period, irrespective of the gravity of the offence. The court held that the petitioner had completed 60 days in custody and the charge sheet was not filed, thus the right to default bail had accrued. (Paras 1-10) B) Protection of Children from Sexual Offences Act, 2012 - Default Bail - Sections 4, 6, 8, 12 - Applicability of Section 167(2) CrPC - The provisions of Section 167(2) CrPC apply to offences under the POCSO Act, and the accused is entitled to default bail if the investigation is not completed within the prescribed period. The court held that the petitioner was entitled to default bail as the investigation was not completed within 60 days. (Paras 1-10)
Issue of Consideration
Whether the petitioner is entitled to default bail under Section 167(2) CrPC read with Section 438 BNSS, 2023, when the investigation was not completed within 60 days from the date of first remand.
Final Decision
The petition is allowed. The order dated 01.02.2025 passed by the Additional District and Sessions Judge, FTSC-I, Haveri in Spl.S.C.No.08/2025 is set aside. The application for default bail filed by the petitioner is allowed. The petitioner shall be enlarged on bail on certain conditions.
Law Points
- Default bail under Section 167(2) CrPC is an indefeasible right that accrues when investigation is not completed within the prescribed period
- and the accused is entitled to be released on bail if the charge sheet is not filed within that period
- regardless of the gravity of the offence.
