- 1 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL REVISION PETITION NO. 100175 OF 2025 (397 OF Cr.PC/438 OF BNSS) BETWEEN: SHRI. MAHESH S/O. MANGALAPPA CHANDAPUR, AGE: 39 YEARS, OCCUPATION: TEACHER, SILICON APARTMENT, NEAR KARNATAKA CIRCLE, NAVANAGAR, HUBBALLI-580025. …PETITIONER (BY SRI. T. R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS APMC NAVANAGAR P. S, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, PIN-580011. 2. SMT. NANDA W/O. MANJUNATH GAMBYAPUR, AGE: 33 YEARS, OCC: HOUSE WIFE, UNAKAL, HUBBALLI, NOW AT: VANISRI NAGAR, SATTUR, DHARWAD, PIN-580009. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. LINGESH V. KATTEMANE, ADV. FOR R2) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 438 R/W.442 OF BNSS, PRAYING TO SET-ASIDE THE ORDER DATED 23.04.2025 PASSED IN APMC NAVANAGAR P.S. CRIME NO.24/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 64 OF BNS 2023, AND SECTIONS 6, 8 AND 10 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCE ACT 2012 AGAINST HIM, PENDING ON THE FILE OF THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND RELEASE PETITIONER/ ACCUSED ON BAIL BY ALLOWING THIS CRIMINAL REVISION PETITION, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.T.R.Patil, learned counsel for the petitioner and Sri.Jairam Siddi., learned High Court Government Pleader for respondent No.1 – State and Sri.Lingesh V. kattemane, learned counsel for respondent No.2. 2. The petitioner/accused has filed this petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), praying to set-aside the order passed in APMC Navanagar PS Crime No.24/2025 registered for the offence 64 of Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’), and Sections 6, 8 and 10 of the Protection of Children from Sexual Offences Act (for short, ‘the POCSO Act’). 3. The accused had filed an application under Section 187(3) read with Section 193(2) of the Bharatiya Nagarik Suraksha Sanhit, 2023 (for short, ‘the BNSS’), - 3 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 before the trial Court to release him on bail in APMC Navanagar Police Station Crime No.24/2025 registered for the offences punishable under Section 64 of the BNS and under Sections 6, 8, an 10 of the POCSO Act, on the ground that the Investigation Agency has not filed charge sheet within a period of 60 days from the date of arrest of the accused. The petitioner was arrested on 19.02.2025 and since then, he is in judicial custody. 4. As per the proviso to Section 187(3) read with Section 193(2) of the BNSS, the Investigation Agency has to file final report within a period of 60 days from the date of the arrest of the accused. Since the Police failed to file the charge sheet within the stipulated period of 60 days, the accused is entitled for grant of statutory bail. He is ready to offer surety to the satisfaction of the Court. Hence, he had filed an application before the trial Court. The trial Court rejected his application. Hence, the petitioner has preferred this petition. - 4 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 5. Learned counsel for the petitioner contended that the investigation in this case is not completed as provided under the aforesaid provisions and the petitioner has been in custody since 19.02.2025. 6. The petitioner is involved in the offence punishable under Section 6 of the POCSO Act. Section 6 of the POCSO Act, reads as under: 6. Punishment for aggravated penetrative sexual assault-1) whoever commits aggravated penetrated sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person, and shall also be liable to fine, or with death. 2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim. 7. As per Section 187(3) of the BNSS, 2023 - the Magistrate may authorize the detention of the accused - 5 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 persons, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorize the detention of the accused person in custody under this sub-Section for a total period exceeding- i. Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more. ii. Sixty days, where the investigation relates to any other offence, and on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purpose of that chapter. 8. Section 193(2) of the BNSS, 2023- Report of Police officer on completion of investigation, which reads as under: 193. Report of police officer on completion of investigation.—(1) Every investigation under this Chapter shall be completed without unnecessary delay. - 6 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 (2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station. (3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating— (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether the accused has been released on his bond or bail bond; (g) whether the accused has been forwarded in custody under section 190; (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of electronic device; (ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim; - 7 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 (iii) the officer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given. (4) Where a superior officer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation. (5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond or bail bond, the Magistrate shall make such order for the discharge of such bond or bail bond or otherwise as he thinks fit. (6) When such report is in respect of a case to which section 190 applies, the police officer shall forward to the Magistrate along with the report— (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses. (7) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230: - 8 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 Provided that supply of report and other documents by electronic communication shall be considered as duly served. (9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub- section (3): Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.(Old Corresponding Section:Sec.173 of the Code of Criminal Procedure,1973) 9. It shows that in the cases relating to Section 6 of the POCSO Act, the investigation has to be completed within a period of two months from the date on which the information was recorded by the Officer In-charge of the Police Station. 10. Learned counsel for petitioner relied upon the decision of the Co-ordinate Bench of this Court in - 9 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 Crl.RP.No.100051/2025 dated 04.03.2025 at paragraphs 30 to 34 which reads as under: 30 “Applying the principles of law enunciated in the aforesaid judgments of the Hon’ble Apex Court relied on by the parties as referred supra, there cannot be any iota of doubt in the principles enunciated by the Hon’ble Apex Court in the case of Udaya Mohanlal Acharya and Anupam J. Kulkarni supra, that accused enjoys indefeasible right to seek for grant of statutory bail if there is no filing of the charge sheet within the prescribed period. It is also to be noted that filing of Charge Sheet subsequently would not take away the right already accrued. 31 As already observed supra, filing of the charge sheet as is contemplated under Section 193(2) of Cr.P.C. could be treated as mandatory even in case where the accused is not arrested is to be discussed in an appropriate case. 32 For the purpose of disposing of the present case, 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. 33 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 - 10 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 automatically stop. 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. 34 In view of the principles of law enunciated in the case of Suresh Kumar Bhikamchand Jain supra, 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.” 11. Where as in case of Rakesh Kumar Paul Vs. state of Assam1, the Hon’ble Apex Court held that the period of detention of the accused person in custody under Section 167(2)(a)(i) of the Cr.P.C., would be ninety days for the (i) offences punishable with death, (ii) offences punishable with imprisonment for life; and (iii) offences punishable with imprisonment for a term “not less than 10 years” which has been interpreted to mean “imprisonment for 10 years or more” and for rest of the offences including 1 2017 (15) SCC 67 - 11 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 the offences punishable with imprisonment for a term up to ten years, it would be of sixty days. 12. In the case on hand, petitioner/accused is facing trial for offence under Section 6 of the POCSO Act and other offences. The punishment for offence punishable under Section 6 of the POCSO Act, 2012, is for a term which shall not be less than twenty years or imprisonment for life, which may extend to imprisonment for life and also shall be liable to fine. Therefore, the period of detention of the accused person in the custody under Section 167(2)(a)(i) of the Cr.P.C., and Section 187(3) read with Section 193(2) of the BNSS, it would be ninety days. 13. In view of the above, the impugned order passed by the trial Court does not suffer from any illegalities, perversities and irregularity warranting interference by this Court, in exercise of revisional - 12 - HC-KAR NC: 2025:KHC-D:8560 CRL.RP No. 100175 of 2025 jurisdiction of this Court. Accordingly, I proceeds to pass the following: ORDER The criminal revision petition is dismissed. Sd/- (VENKATESH NAIK T) JUDGE AM, AC /CT-AN List No.: 1 Sl No.: 24