NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal revision petition is filed under Section 397 read with Section 401 of Cr.P.C. calling in question the order dated 27.05.2020 in Crime No.50/2018 passed by the Court of Sessions Judge and Special Court, Yadgiri, thereby rejecting the application filed by the petitioner under Section 167(2) of Cr.P.C.

(2.) Brief facts of the case are that, the sister of the deceased had lodged complaint against the petitioner and other accused who have abetted the deceased to commit suicide by hanging by narrating in detail in First Information Statement (for short 'FIS). Accordingly crime is registered against the petitioner and other accused for the offences punishable under Sections 498-A , 306 read with Section 149 of IPC. The said FIS is lodged on 14.03.2018.

(3.) Based on the FIS given by the sister of the deceased, First Information Report (for short 'FIR') was registered on 14.03.2018. Upon acting on this, investigation was commenced. The record reveals that this petitioner being accused No.1 was arrested on 04 02.2020 and was produced before the Court, regarding this the remand report is produced. The Investigating Officer after completion of investigation, filed charge sheet on 08.06.2020. The petitioner had filed an application under Section 167(2) of Cr.P.C. before the Sessions Court praying to grant him statutory bail as the Investigating Officer failed to file charge sheet within 90 days as stipulated in the said provision. Therefore, entitled to release him on statutory bail for the default committed by the Investigating Officer in not filing of charge sheet within 90 days.