BALAPPA KARNAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitioners are accused Nos. 13, 12, 8, and 14 respectively in C.C. 64/84 pending on the file of the J.M.F.C., Shorapur, Gulbarga District, They and others have been charge-sheeted for various offences including the offence of murder.

(2.) They were arrested in this connection by the Shorapur Police in their Crime No. 51 of 1983 on 8-11-1983 at about 5-30 a m. and were produced before the jurisdictional Magistrate at about 8 p.m. on that very day. The Learned Magistrate exercising his powers under Section 167 of the Code remanded them to custody from time to time till 7-2-1984. On 6-2-1984 the accused requested the J.M.F.C., through an application to release them on bail and offered sureties on their behalf. When this application was pending consideration that very day i e., 6-2-1984 at 4.45 p.m. the police placed their final report in the case.

(3.) If the date of arrest of these accused i.e., 8-11-4983 is also taken into consideration or reckoned in counting the period of 90 days, that period of 90 days expires or had expired at the end of 5-24984, i.e., by mid-night of 5-2-1984.