Case Note & Summary
The petitioner, Moulali, was arrested on 01.12.2024 in connection with offences punishable under Sections 376(2)(n), 506 of IPC and Sections 4, 6, 8, 12 of the Protection of Children from Sexual Offences Act, 2012. He was produced before the jurisdictional magistrate on 02.12.2024 and remanded to judicial custody. The investigation was not completed within 60 days from the date of first remand. The petitioner filed an application for default bail under Section 167(2) CrPC read with Section 187 BNSS, which was rejected by the Additional District and Sessions Judge, FTSC-I, Haveri on 01.02.2025. Aggrieved, the petitioner filed a criminal revision petition before the High Court. The High Court held that the petitioner had completed 60 days in custody from the date of first remand and the investigation was not completed within that period. The charge sheet was filed only on 03.02.2025, after the expiry of 60 days. Relying on the principle that the right to default bail accrues on the expiry of the statutory period and cannot be defeated by subsequent filing of charge sheet, the High Court set aside the impugned order and directed that the petitioner be enlarged on default bail on such terms as the trial court deems fit.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC, Section 187 BNSS - Right to bail on expiry of investigation period - The petitioner was arrested for offences under IPC and POCSO Act; investigation not completed within 60 days from first remand; held that the petitioner is entitled to default bail as the right accrued on expiry of 60 days and the charge sheet filed thereafter does not extinguish the right (Paras 5-8).
Issue of Consideration
Whether the petitioner is entitled to default bail under Section 167(2) CrPC read with Section 187 BNSS 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 petitioner is directed to be enlarged on default bail on such terms and conditions as the trial court deems fit.
Law Points
- Default bail
- Section 167(2) CrPC
- Section 187 BNSS
- POCSO Act
- Right to bail on expiry of investigation period
- Mandatory bail
Case Details
2025 LawText (KAR) (05) 24
CRL.RP No. 100051 of 2025
Sri Aravind D. Kulkarni, Smt. Girija S. Hiremath, Sri Umesh P. Hakkarki, Sri M.V. Hiremath
Moulali S/o. Babajan Challal
State of Karnataka through Adur Police Station and Akhilabanu W/o. Shabbir Ahmad Mansoor
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Nature of Litigation
Criminal revision petition against rejection of default bail application
Remedy Sought
Petitioner seeks setting aside of order dated 01.02.2025 rejecting default bail and enlargement on default bail
Filing Reason
Investigation not completed within 60 days from first remand; charge sheet filed after expiry of 60 days
Previous Decisions
Additional District and Sessions Judge, FTSC-I, Haveri rejected default bail application on 01.02.2025 in Spl.S.C.No.08/2025
Issues
Whether the petitioner is entitled to default bail under Section 167(2) CrPC read with Section 187 BNSS when investigation not completed within 60 days from first remand.
Submissions/Arguments
Petitioner argued that he was arrested on 01.12.2024, produced before magistrate on 02.12.2024, and 60 days expired on 31.01.2025; charge sheet filed on 03.02.2025 after expiry; hence entitled to default bail.
Respondents opposed the petition, but the court found that the right to default bail had accrued.
Ratio Decidendi
The right to default bail under Section 167(2) CrPC read with Section 187 BNSS accrues on the expiry of the statutory period of 60 days from the date of first remand if investigation is not completed. Subsequent filing of charge sheet does not extinguish the accrued right.
Judgment Excerpts
The petitioner has completed 60 days in the custody from the date of first remand and the investigation was not completed within 60 days.
The right to default bail accrued on the expiry of 60 days and the charge sheet filed thereafter does not extinguish the right.
Procedural History
Petitioner arrested on 01.12.2024, produced before magistrate on 02.12.2024 and remanded. Filed default bail application under Section 167(2) CrPC/187 BNSS, rejected on 01.02.2025 by Additional District and Sessions Judge, FTSC-I, Haveri. Filed criminal revision petition before High Court on 04.03.2025.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 397, Section 167(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 438, Section 442, Section 187
- Indian Penal Code, 1860 (IPC): Section 376(2)(n), Section 506
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act): Section 4, Section 6, Section 8, Section 12
