Once Chargesheet Is Filed, Ticking Of Clock With Regard To Statutory Bail Automatically Stops: Karnataka High Court
While denying regular bail to a rape accused, the Karnataka High Court observed that once the chargesheet is filed within the stipulated time of 60 days from the date of the complaint, the right to seek the statutory bail extinguishes.
"It is needless to emphasise that once the charge sheet is filed ticking of the clock with regarding to statutory right which is carved out in the Statute would automatically stop." Justice V Srishananda noted.
The accused/petitioner was charged under sections Section 376(2)(n), 506 of IPC and under Sections 4,6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. He challenged the Trial Court's order, which rejected his bail application.
The accused sought bail on the ground that the police failed to file the chargesheet within 60 days from the date of receipt of the information (date of complaint) as mandated by Section 193(2) of BNSS.
The prosecution submitted that the police registered a case on 25.11.2024 and after investigation, filed the charge sheet on 24.01.2025. The accused however disputed the date of filing of the chargesheet.
The accused argued that as per the order sheet of the Trial Court indicated that even as n 28.01.2025 the chargesheet was not filed that that it was only on 29.01.2025, the chargesheet was received in the office of the Judge. He submitted that the date mentioned on the charge sheet countersigned by the judge as 24.01.2025 need not be taken into consideration for the purpose of computing the period for filing the charge sheet.
On the contrary, the prosecution contended that the signature found on the charge sheet by the Judge stating 'check and then put up' is dated 24.01.2025. Therefore, it argued that the charge sheet was filed within 60 days.
The High Court pursued the the endorsement made by the learned Trial Court Judge on the chargesheet and noted that the said endorsement was dated 24.01.2025. It observed, “Since the accused-petitioner is arrested on the very next day on 26.11.2024, filing of the charge sheet on 24.01.2025 is well within the ambit of Section 193(2)of the BNSS in the case on hand which is sufficient compliance of the said provision.”
It observed that the court has the power to remand the accused till the verification of the charge sheet papers and till the date of taking of the cognizance It said, “After the charge sheet is filed, the power to remand exists in the Court till the ministerial act of verification of the charge sheet papers are carried out and till the date of taking of the cognizance is under Section 346 of the BNSS (Section 309 of Cr.P.C.). In other words, power to remand in the interregnum of filing of the charge sheet and actual date of taking the cognizance is inherent in the trial Court.”
While observing that the accused an indefeasible right to seek for grant of statutory bail if there is no filing of the charge sheet within the prescribed period, in the present case, the Court noted that the chargesheet was filed within 60 days.
"As could be seen from the material on records, in the charge sheet dated 24.01.2025 and actual cognizance has been taken on 29.01.2025 as referred supra and thereafter necessary endorsements has been carried out in the relevant registers wherein, the pending FIR is culminated in filing a charge sheet and a special case came to be registered."
The Court thus rejected the accused's bail petition and remarked “This Court is of the considered opinion that rejection of the petitioner seeking grant of statutory bail is justified though not the order of the learned Special Judge is not happily worded.”
Appearance:
Advocate Aravind D. Kulkarni, for the petitioner.
HCGP Girija S. Hiremath, for respondent No.1.
Advocates Umesh P.Hakkarki, M.V.Hiremath, for respondent No.2-defacto complainant.
Citation No: 2025 LiveLaw (Kar) 102
Case Title: Moulali Challal AND State of Karnataka
Case No: CRIMINAL REVISION PETITION NO.100051 OF 2025