Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court

Justice Rajendra Badamikar dismissed the petition filed by Santosh Kadam challenging the order of the Sessions Court rejecting his bail application. Kadam is charged under the offences punishable under Sections 380, 457, 458, 382, 201 of IPC and Section 25(I-A) of the Arms Act, 1959.

The Bevoor police, after the investigation, submitted a charge sheet on 04.01.2021, against the accused persons. Following this, Kadam was arrested on 06.02.2021 and the police filed a supplementary charge sheet on 17.05.2021 under Section 173(8) of Cr.P.C.

Advocate Anand R Kolli appearing for the accused submitted that he was arrested on 06.02.2021 and supplementary charge sheet was submitted on 17.05.2021 and as the supplementary charge sheet is not filed within 90 days, as per the statute, he is entitled to statutory bail.

Advocate Ramesh B Chigari appearing for the state opposed the petition on the ground that the charge sheet was submitted against the present petitioner prior to his arrest. Hence, he submits that the provisions of Section 167(2) of Cr.P.C. cannot be applicable to him.

Court findings:

Firstly, the court noted that,

"The petition was filed under Section 439 of Cr.P.C, challenging the order of the Trial Court as well as the Revisional Court. The petition itself is not maintainable as the provisions of Section 482 of Cr.P.C. were not invoked in this petition. The office ought to have raised objections in this regard, but for the best reasons known, no office objections have been raised."

Further, the court said even on merits, the petition is not maintainable as the charge sheet was submitted on 04.01.2021 itself, which is evident from the records produced by the present petitioner himself. The present petitioner was arrayed as Accused No.1 in the charge sheet. However, as some of the accused were absconding, the investigation officer in his charge sheet sought leave of the Court to submit a supplementary charge sheet in due course. The supplementary charge sheet was submitted on 17.05.2021 by collecting some additional material.

Referring to section 173(8) of Cr.P.C, the court said "For submitting the supplementary charge sheet, leave of the Court is not required and the statute itself has given powers to the investigation officer to submit supplementary charge sheet, if any material is found."

The court then referred to Section 167 (2) CrPC, and said,

"Section 167(2) of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge sheet is filed against particular accused and supplementary charge sheet is submitted against other accused or for additional evidence, the provisions of Section 167(2) of Cr.P.C., cannot be applicable"

It added, "Hence the question of applicability of Section 167(2) of Cr. P.C, does not arise at all in the present case to the accused, against whom a charge sheet has already been submitted and who was arrested subsequently."

The court concluded by saying, "The petition is devoid of any merits and is misconceived and hence, it needs to be rejected both on maintainability and as well as on merits."

Case Title: Santosh S/o Hari Kadam And The State Of Karnataka

Case no: Criminal Petition No: 101403 of 2021

Date of Judgement: 03.08.2021

Coram: Justice Rajendra Badamikar

Appearance

Advocate Anand R Kolli for Petitioner.

Advocate Ramesh B Chigari for Respondent

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