KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Notice to be issued to Respondent No. 2 is dispensed with.

(2.) Heard the learned counsel for the petitioner Krishna and the learned SPP-II for the Respondent State.

(3.) In Crime No. 392/2007 on the file of the Child Friendly Court, Bengaluru Urban District, petitioner, who is the sole accused, has filed an application under Section 167(2) of Cr.P.C. seeking grant of statutory bail for the offences punishable under Sections 363, 376, 342 and 506 of IPC and also under Sections 4, 5 & 6 of the POCSO Act, 2012. The said application came to be rejected by the learned Trial Judge only on the ground that, during the pendency of the said application, the charge sheet has been filed. Therefore, indefeasible right of the accused has come to an end on the expiry of the period prescribed under Section 167(2) of Cr.P.C. i.e., till filing of the charge sheet and after filing of the charge sheet, the court has to look into entire charge sheet papers to find-out prima facie case against the accused or not and to dispose of the said application on merits of the case. Relying upon a decision of the Hon'ble Apex Court in Sanjay Dutt v. State of Maharashtra reported in 1994 AIR SCW 3857, the trial Court has rejected the said bail application in such manner.