Case Note & Summary
The petitioner, Moulali, was arrested on 03.12.2024 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 (POCSO Act). He was produced before the jurisdictional Magistrate on 04.12.2024 and remanded to judicial custody. The investigation was not completed within 60 days from the date of first remand, i.e., by 02.02.2025. The petitioner filed an application for default bail under Section 167(2) of Cr.P.C. on 01.02.2025, which was rejected by the Additional District and Sessions Judge, FTSC-I, Haveri, on the same day. The charge sheet was subsequently filed on 03.02.2025. The petitioner then approached the High Court by way of a criminal revision petition under Section 397 Cr.P.C./438 BNSS. The High Court held that the petitioner had acquired an indefeasible right to default bail upon the expiry of 60 days from the first remand, as the charge sheet was not filed within that period. The court noted that the application for bail was filed on 01.02.2025, before the charge sheet was filed on 03.02.2025, and therefore the right to default bail was not extinguished. The court set aside the order of the Sessions Judge and directed that the petitioner be enlarged on bail on certain conditions, including executing a personal bond of Rs.1,00,000 with two sureties, and not tampering with prosecution witnesses or committing similar offences.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) Cr.P.C. - Indefeasible Right - The petitioner was arrested for offences under IPC and POCSO Act. Investigation not completed within 60 days from first remand. Held that the petitioner acquires an indefeasible right to default bail under Section 167(2) Cr.P.C. upon expiry of 60 days, and the subsequent filing of charge sheet does not extinguish that right if the application for bail is filed before the charge sheet. (Paras 1-10)
B) Criminal Procedure - Default Bail - Section 167(2) Cr.P.C. - Computation of Period - The period of 60 days is computed from the date of first remand, not from the date of arrest. In this case, the first remand was on 04.12.2024, and the charge sheet was filed on 03.02.2025, beyond 60 days. Held that the petitioner is entitled to default bail. (Paras 5-8)
Issue of Consideration
Whether the petitioner is entitled to default bail under Section 167(2) of Cr.P.C. when the investigation was not completed and charge sheet not filed within 60 days from the date of first remand.
Final Decision
The High Court allowed the revision petition, set aside the order dated 01.02.2025, and directed that the petitioner be enlarged on bail on executing a personal bond of Rs.1,00,000 with two sureties, subject to conditions including not tampering with prosecution witnesses and not committing similar offences.
Law Points
- Default bail
- Section 167(2) Cr.P.C.
- Indefeasible right
- POCSO Act
- Investigation period
- 60 days
- Charge sheet not filed
Case Details
2025 LawText (KAR) (06) 47
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 sought to set aside the order dated 01.02.2025 rejecting default bail and to enlarge him on default bail in Spl.S.C.No.08/2025.
Filing Reason
The petitioner was arrested on 03.12.2024 and remanded on 04.12.2024. Investigation not completed within 60 days. Charge sheet filed on 03.02.2025, after expiry of 60 days. Default bail application filed on 01.02.2025 was rejected.
Previous Decisions
The Additional District and Sessions Judge, FTSC-I, Haveri, rejected the default bail application on 01.02.2025.
Issues
Whether the petitioner is entitled to default bail under Section 167(2) Cr.P.C. when the charge sheet was not filed within 60 days from the date of first remand?
Whether the right to default bail is extinguished by the subsequent filing of charge sheet?
Submissions/Arguments
Petitioner argued that the investigation was not completed within 60 days from the first remand, and therefore he is entitled to default bail under Section 167(2) Cr.P.C.
Respondent argued that the charge sheet was filed on 03.02.2025 and therefore the right to default bail is extinguished.
Ratio Decidendi
Under Section 167(2) Cr.P.C., if investigation is not completed within 60 days from the date of first remand, the accused acquires an indefeasible right to default bail. This right is not extinguished by the subsequent filing of a charge sheet if the application for bail was filed before the charge sheet.
Judgment Excerpts
Heard Sri.Aravind D. Kulkarni, learned counsel for the petitioner, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent No.1 and Sri.Umesh P.Hakkarki, advocate for Sri.M.V.Hiremath, advocate for respondent No.2-defacto complainant.
Petition under Section 397 of Cr.P.C./438 BNSS with the following prayer:- a. Set aside the order dated 01.02.2025 passed by the Additional District and Sessions Judge, FTSC-I, at Haveri in Spl.S.C.No.08/2025 and consequently allow the application filed by the petitioner and enlarge the petitioner on default bail in Spl.S.C.No.08/2025 pending on the file of Additional District and Sessions Judge, FTSC-I, Haveri, registered for the offences punishable under Sections 376(2)(n), 506 of IPC and under Sections 4, 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012.
Procedural History
The petitioner was arrested on 03.12.2024 and remanded on 04.12.2024. On 01.02.2025, he filed an application for default bail under Section 167(2) Cr.P.C., which was rejected by the Additional District and Sessions Judge, FTSC-I, Haveri, on the same day. The charge sheet was filed on 03.02.2025. The petitioner then filed a criminal revision petition before the High Court of Karnataka, Dharwad Bench, which was allowed on 04.03.2025.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): Section 167(2), Section 397
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 438, Section 442
- 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
