State Of Karnataka vs Sandesha Lakshmana @ Lakshman J @
2023 Latest Caselaw 670 Kant

                                            -1-
                                                  CRL.RP No. 1147 of 2018




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 10TH DAY OF JANUARY, 2023

                                       BEFORE
                       THE HON'BLE MR JUSTICE R. NATARAJ
                CRIMINAL REVISION PETITION NO. 1147 OF 2018

             BETWEEN:

             STATE OF KARNATAKA,
             BY VINOBANAGARA POLICE STATION,
             DODDAPETE CIRCLE, SHIVAMOGGA.
             REP. BY STATE PUBLIC PROSECUTOR,
             HIGH COURT BUILDING,
             BENGALURU - 01.
                                                             ...PETITIONER
             (BY SRI.KRISHNA KUMAR K.K., HCGP)


             AND:

             SANDESHA LAKSHMANA @ LAKSHMAN J @
             SANDESHA LAXSHMAN @ PRADEEPA
             26 YEARS,
             S/O JAYARAM @ RAMJINAIK,
             J.LANBANI HATTI,
             RAMAGOGI HALLI POST,
             CHALLAKERE TQ,
Digitally
             CHITRADURGA - 577 522.
signed by                                                   ...RESPONDENT
SUMA
Location:
             (BY SRI. N R NAIK, ADVOCATE)
HIGH COURT
OF
KARNATAKA          THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
             SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973
             PRAYING TO ALLOW THE CRL.RP AND SET ASIDE THE JUDGMENT
             AND ORDER DATED 23.05.2018, PASSED IN C.C.NO.419/2018, ON
             THE FILE OF THE III JMFC, SHIVAMOGGA.


                  THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
             COURT MADE THE FOLLOWING:
                                -2-
                                         CRL.RP No. 1147 of 2018




                            ORDER

The State has challenged the grant of statutory bail to the

respondent under Section 167(2) of Cr.P.C. in C.C.No.419/2018

pending trial before the JMFC-III, Shivamogga.

2. The respondent herein was apprehended on

22.02.2018 in Cr.No.5/2018, which was registered for the

offences punishable under Sections 376(1), 498(A) and 506

read with Section 34 of IPC and Sections 3 and 4 of the Dowry

Prohibition Act, 1961. The respondent claiming that the State

did not file the charge sheet within 90 days, filed an application

under Section 167(2) of Cr.P.C. The trial Court noticing that the

charge sheet was not filed within 90 days allowed the

application and granted statutory bail to the respondent herein.

This was challenged by the State contending that the charge

sheet was filed on 22.05.2018 i.e., prior to the application

under Section 167(2) of Cr.P.C. being filed by the respondent.

It is also claimed that the charge sheet was filed on the 88th

day from the date of the arrest of the respondent herein and

CRL.RP No. 1147 of 2018

therefore, the trial Court was not justified in granting statutory

bail to the respondent herein.

3. This Court sought for a clarification from the trial

Court about the filing of a charge sheet in Cr.No.419/2018. The

trial Court in terms of its communication dated 14.08.2019 has

informed this Court that the charge sheet was filed on

22.05.2018 i.e., within 90 days from the date of the arrest of

the respondent herein and that the respondent had sought for

grant of statutory bail on 23.05.2018. This clarification of the

trial Court is not seriously disputed by the respondent herein.

In that view of the matter, the order granting statutory bail to

the respondent herein warrants interference. Hence, the

following:

ORDER

This revision petition is allowed.

The order dated 23.05.2018 passed by the

JMFC-III, Shivamogga granting statutory bail to the

respondent herein in C.C.No.419/2018 is set aside.

CRL.RP No. 1147 of 2018

It is open for the trial Court to take such steps to secure

the custody of the respondent herein who may be entitled to

seek bail in accordance with law.

Sd/-

JUDGE

NR/-