STATE OF MYSORE Vs. KRISHNASWAMY

JUDGEMENT

(1.) The common question which arises for decision in these two cases is whether an accused person can be remanded to custody for a period beyond 15 days of his arrest without a charge-sheet under S. 173 of the Code of Criminal Procedure (hereinafter referred to as the Code) being filed, and it has arisen in the following circumstances:

(2.) On 31-8-1971 at about 6-30 PM. the Station House Officer of the Rajajinagar Police Station, Bangalore, received a telephone message from one M.Kemparamaiah, Deputy Vigilance and Security Officer, BEML., Bangalore to the effect that his daughter Kamalamma who was married to the respondent herein, was found murdered in his (respondent's) house on the same evening. A written complaint also immediately followed the said message, and it was received at about 8 p.m. on the same day in the said police station. On receipt of the same, the Station House Officer registered a case under S.302 of IPC. noting 'unknown' in the column meant for writing the name of the culprit. He then recorded the statement of one Beera alias Beeraiah. a boy servant in the respondent's house, and submitted the first information re-port to the Judicial Magistrate, First Class, Third Court. Bangalore, within whose jurisdiction the offence was committed. On 9-9-1971, the investigating officer apprehended the respondent suspecting him to be the culprit concerned in the said crime. On 10-9-1971 the investigating officer produced him before the Magistrate with a remand application praying for police custody. The Magistrate remanded him to police custody till 13-9-1971 on which day, the investir gating officer again produced him before the Magistrate with another remard application requesting him to remand the respondent to judicial custedy. The Magistrate accordingly remanded him to judicial custody till 20-9-1971. On 20-9-1971. again the investigating officer filed an application praying for further remand on the ground that the investigation was not yet complete. Accordingly, the respondent was remanded to judicial custody till 23-9-1971.

(3.) On 23-9-1971, the investigating officer filed an application purporting to be under S.344 of the Code with a prayer that the respondent may be remanded to judicial custody for a further period of 15 days i.e. till 6-10-1971, to facilitate the investigation. It was stated in that application that the serologist's report and the sketch of the scene of offence had not yet been received from the concerned officers and that two important witnesses who had seen the respondent at the Check Post on 31-8-1971 had gone to Bombay and Delhi and he (the investigating officer) was making efforts to contact them and complete the investigation.