Case Note & Summary
The appeal arises from the rejection of a default bail application by the II Addl. District and Sessions Judge, Vijayapur. The appellants, accused Nos. 2 and 3 in a murder case, were arrested in February 2022 for offences under Sections 143, 147, 302, 201 r/w 149 IPC and Section 3(2)(VA) of the SC/ST (Prevention of Atrocities) Act, 1989. They were remanded to judicial custody, and the investigation was transferred to Dy.SP, Indi Sub Division on 14.02.2022. The police filed the charge sheet on 11.05.2022, and it was received by the court on 12.05.2022. The appellants contended that under Rule 7(2) of the SC/ST Rules, the investigation and filing of charge sheet must be completed within 60 days, and since the charge sheet was filed after 60 days from their remand, they were entitled to default bail under Section 167(2) Cr.P.C. The Special Judge rejected the application. Before the High Court, the appellants argued that the 60-day limit is mandatory and any non-compliance vitiates the proceedings. The State argued that Section 167(2)(a)(i) Cr.P.C. provides 90 days for offences punishable with death or life imprisonment, and the SC/ST Act does not override this period. The Additional Advocate General also raised issues of repugnancy, constitutional equality under Articles 14, 15, and 17, and the purpose of welfare legislation. The hearing took place on 28.09.2022, but the final order is not included in the provided text.
Issue of Consideration
Whether the accused are entitled to default bail under Section 167(2) of Cr.P.C. read with Rule 7(2) of SC/ST Rules when the charge sheet was filed after 60 days but within 90 days, considering the offence under Section 302 IPC is punishable with death or imprisonment for life; Whether the time limit of 60 days under SC/ST Rules overrides the 90 days under Section 167(2)(a)(i) Cr.P.C.; Whether Rule 7(2) of SC/ST Rules creates a right to default bail.
Law Points
- default bail
- Section 167(2) CrPC
- Rule 7(2) SC/ST Rules
- 60 days vs 90 days limit
- special law vs general law
- repugnancy Article 254 Constitution
- mandatory nature of Rule 7
- non-compliance vitiates
- golden rule of interpretation
- welfare legislation
- Article 14 and 15 equality
- Article 17 untouchability
- stare decisis
- per incuriam
Case Details
2022 LawText (KAR) (09) 12
CRIMINAL APPEAL NO.200122/2022
S.S. Mamadapur (for appellants), Y.H. Vijayakumar (AAG for R1), Gururaj V. Hasilkar (HCGP for R1), B.C. Jaka (for R2)
Jithendra S/o Ashok Kambale and Tulsiram S/o Pandit Harijan
State of Karnataka (through CPI, Vijaypur Rural PS) and Shremant S/o Ramachandra Dharsang
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Nature of Litigation
Criminal appeal against rejection of default bail application under Section 167(2) Cr.P.C. read with Rule 7(2) of SC/ST Rules
Remedy Sought
Appellants sought setting aside of order dated 10.06.2020 by II Addl. Sessions/Special Judge, Vijayapur, and grant of default bail
Filing Reason
Charge sheet not filed within 60 days of remand as per Rule 7(2) of SC/ST Rules, accused claimed statutory right to default bail under Section 167(2) Cr.P.C.
Previous Decisions
II Addl. Sessions/Special Judge, Vijayapur rejected the default bail application on 10.06.2020; appeal filed before High Court
Issues
Whether the appellants are entitled to default bail when the charge sheet was filed after 60 days but within 90 days for an offence punishable with death or imprisonment for life, considering Rule 7(2) of SC/ST Rules and Section 167(2) Cr.P.C.
Whether Rule 7(2) of SC/ST Rules overrides the period of 90 days prescribed under Section 167(2)(a)(i) Cr.P.C. for filing charge sheet in cases involving offences punishable with death or life imprisonment.
Whether the provisions of SC/ST Act, being a special law, prevail over the general provisions of Cr.P.C. regarding time limits for investigation and default bail.
Submissions/Arguments
Appellants argued that Rule 7(2) mandates completion of investigation and filing of charge sheet within 60 days, and non-compliance gives right to default bail under Section 167(2) Cr.P.C.; that 79 days had lapsed for appellant No.1 and 76 days for appellant No.2 without charge sheet, so bail should be granted.
Respondents contended that Section 167(2)(a)(i) Cr.P.C. provides 90 days for offences punishable with death or life imprisonment, and the SC/ST Act does not reduce this period; Rule 7 imposes a duty on investigating officers but does not create a right to default bail; repugnancy between central and state laws requires Presidential assent; equality under Articles 14, 15, and 17 would be violated if only SC/ST accused get extended period; the decision in Baharan Ali was per incuriam.
Judgment Excerpts
The brief contention of the appellants is that a complaint came to be lodged by respondent No.2 alleging that the appellants who are arraigned as accused Nos.2 and 3 herein with other six to seven unknown persons committed the murder of son of the complainant by name Ramesh.
On the expiry of 60 days, the appellants filed an application for grant of default bail under section 4(2)(e) of the SC/ST Act r/w Rule 7(2) of SC/ST Rules and section 167(2) of Cr.P.C., as the charge sheet was not filed within sixty days.
Learned counsel for the appellants argued that the order passed by learned Special Judge rejecting the prayer of the appellants for grant of default bail is illegal and not tenable.
Procedural History
FIR registered for offences under IPC and SC/ST Act; Accused No.2 (appellant No.1) arrested on 12.02.2022, remanded on 13.02.2022; Accused No.3 (appellant No.2) arrested and remanded on 16.02.2022; Investigation handed over to Dy.SP on 14.02.2022; Requisition to invoke SC/ST Act submitted on 27.04.2022; Charge sheet filed on 11.05.2022, received by court on 12.05.2022; Application for default bail filed after 60 days of remand; Special Judge rejected bail on 10.06.2020; Appeal filed in High Court, heard on 28.09.2022.
Acts & Sections
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(2)(VA), 4(2)(e), 20, 42(e)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1989: 7(2)
- Code of Criminal Procedure, 1973: 4(2), 167(2)
- Indian Penal Code, 1860: 120(B), 143, 147, 149, 201, 302
- Constitution of India: 14, 15, 17, 246, 254
