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Karnataka High Court · body

2018 DIGILAW 24 (KAR)

Ashok S/O Narasappa v. State Of Karnataka

2018-01-03

K.N.PHANEENDRA

body2018
ORDER : The petitioners’ counsel files a memo not pressing the petition insofar as petitioners 1 and 2 are concerned. Hence the petition is dismissed insofar as petitioners 1 and 2 are concerned. 2. Heard the learned counsel for petitioner No.3 and the learned High Court Government Pleader appearing for respondent No.1. 3. This petition is filed calling in question the order passed by II Addl. City Civil Judge and Sessions Judge at Bangalore (CCH No.17) in Crime No.24/2017, later registered as S.C.No.867/2017 dated 14.07.2017, wherein the learned Sessions Judge has rejected the application filed by petitioner No.3 under Section 167 (2) of the Code of Criminal Procedure (for short ‘the Cr.P.C.’). The records disclose that police have filed charge sheet against petitioners 1 to 3 for the offence punishable under Sections 3(1)(x) and 3(2)(v) of SC/ST (PA) Act 1989 and also Section 302 r/w 34 of IPC. Petitioner Nos.1 to 3 have moved the Court for grant of statutory bail under Section 167(2) of Cr.P.C. Embarking upon the merits of the case, the trial Court has observed that the chargesheet was not filed within 90 days. In such an eventuality bail should have been automatically granted in favour of the petitioners. The trial Court has no business to reject the application for bail in such an event, on considering the merits of the case. 4. In the above said circumstances, I am of the opinion, that the trial Court has committed an error in rejecting the application filed under Section 167(2) of Cr.P.C. Moreover, the trial Court has not reasoned out as to why it has rejected the application filed under Section 167 (2) of Cr.P.C. except narrating the factual aspect of the case and dismissing the petition on merits. 5. In the above said circumstances, the petition deserves to be allowed so far as petitioner No.3 is concerned. Hence the following : ORDER The petition is allowed so far as petitioner No.3 is concerned and application filed by petitioner under Section 167(2) of Cr.P.C. before the trial Court is hereby allowed. Consequently petitioner No.3 shall be released on bail on the same conditions as petitioner Nos.1 and 2 were released on bail by the trial Court.