YASHODAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE question of law that is required to be considered in these petitions is as to whether the remand of an accused under section 167 of the Code of Criminal Procedure comes to an end as soon as a chargesheet is filed and if there is delay in the Magistrate taking cognizance of the offence, whether the intervening period from the time the chargesheet is placed until the cognizance is taken amounts to illegal detention.

(2.) THESE four petitions have been filed under section 439 of the Code of Criminal Procedure, for grant of bail. During arguments in Criminal Petition No. 27/2005 one of the contentions raised was that as held by the learned Single Judge of this Court (Justice Smt. Manjula Chellur) in Devindrappa and another vs. State of Karnataka ( (2004) Cri. L. J. 1506) once the chargesheet is filed, period of remand under section 167 of the Code of Criminal Procedure comes to an end and in the absence of specific order of remand under section 309 of the Code of Criminal Procedure, the detention of the accused in custody from the date of chargesheet till date was illegal. Relying on an earlier decision of this Court in Balappa Karnal Vs. State of Karnataka (Ilr 1985 Karnataka 3098) it was urged that in view of intervening period of detention being illegal, the accused was entitled to be released on bail as of right. The learned Single Judge (Justice Shri. Huluvadi G. Ramesh) before whom Criminal Petition No. 27/2005 was argued, was of the opinion that in view of different view taken by another Single Judge of this Court in Dorai and another Vs. State of Karnataka (1994 (3) Crimes 697), the issues involved are required consideration by a Division Bench and accordingly he proposed that the following points of law be referred for consideration and decisions:

(3.) HON?ble the Chief Justice has therefore assigned Criminal Petition No. 27/2005 and also three other petitions involving similar questions, i. e. Criminal Petition Nos. 4033/2004, 3728/2004 and 1035/2005 for consideration of the points.