S L RAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed seeking bail in Crime No.32/2010 of Vidhanasoudha Police Station, registered on 08.07.2010 for the offences under Sections 302 and 309, IPC. The petitioner is the accused in the case in which the murder of a lawyer took place in the premises of the High Court on 08.07.2010 The petitioner was taken into police custody immediately thereafter and since he was suffering form serious ailment, he was admitted to Mallya Hospital, Bangalore. On 16.07.2010, it was decided that the petitioner may be given treatment at the Victoria Hospital and accordingly, he was shifted to Victoria Hospital. On 09.09.2010, he was discharged from the hospital whereafter, he was produced before the Magistrate and the Magistrate remanded the petitioner to custody. The charge-sheet for the offences under Sections 302 and 309, IPC was filed on 23.11.2010.

(2.) Heard Sri N.S. Raju, learned Counsel for the petitioner and Sri Vijaya Kumar Majage learned HCGP for the respondent State.

(3.) The contention of the learned Counsel for the petitioner is that the petitioner was in custody right from 08.07.2010 and therefore, the charge-sheet has not been filed within 90 days and hence, he submits that the petitioner is entitled to be released on bail under Section 167(2), Cr.P.C.