SHIVANNA Vs. STATE

JUDGEMENT

(1.) By this petition, the petitioner has prayed for enlarging him on bail in Crime No. 26/91 of Arasikere Rural Police Station. It is seen that the case is committed to the Sessions Court, Hassan and the same is now pending in S. C. No. 41/1991. The petitioner and another are accused of offences punishable under Ss.302, 323 and 324, I.P.C. The petitioner is arrested in the course of investigation on 15-4-1991. He was produced before the J.M.F.C., Arasikere on 16-4-1991. He was remanded to judicial custody on the same day and the custody was extended from time to time. The charge-sheet was filed before the learned J.M.F.C., on 15-7-1991. His application before the learned J.M.F.C. for releasing him on bail did not fructify. He approached the learned Session Judge, Hassan praying for bail. In the meanwhile, the case was also committed to the Sessions Court by the J.M.F.C., Arasikere. The learned Sessions Judge rejected the application for bail. Hence, the instant petition under S. 439 R/W S. 167(2), Cr. P.C.

(2.) The only ground made out by the petitioner in his application for bail is that he ought to have been released on bail, since the charge-sheet was filed after the expiration of 90 days referred to in Clause (a) of the proviso to section 165 (2), Cr. P.C.

(3.) The contention of the respondent- State is that the charge-sheet is filed well within time.