"Karnataka High Court Denies Default Bail Under BNSS: ‘Charge Sheet Filed Within Statutory Period’"
Kiran Raj
The Karnataka High Court, Dharwad Bench, has dismissed a criminal revision petition seeking default bail under Section 187(3)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The petition challenged the order of the Additional District and Sessions Judge, FTSC-I, Haveri, which rejected the petitioner’s application for bail under the grounds that the charge sheet was not filed within the stipulated period of 60 days. The Single Bench, of Justice V. Srishananda, held that the charge sheet had been filed within the statutory period and that the petitioner was not entitled to bail as a matter of right.
The petitioner, Moulali S/o Babajan Challal, was accused under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860 (IPC), along with Sections 4, 6, 8, and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case originated from a complaint filed on November 25, 2024, in which the victim’s mother alleged that the accused had forcibly engaged in a physical relationship with her minor daughter, leading to pregnancy.
According to the complaint, the victim, a minor, was studying in the 9th standard when the accused allegedly developed an intimate relationship with her. The prosecution stated that on May 18, 2024, when the victim was alone at home, the accused visited her residence and forcibly engaged in sexual intercourse. The prosecution further alleged that the accused threatened the victim to remain silent and that the acts continued over time, leading to pregnancy.
Following the complaint, the Adur Police registered a case under Crime No. 183/2024. The petitioner was arrested on November 26, 2024, and placed in judicial custody. The investigation was carried out, and the charge sheet was filed. The petitioner applied for default bail, asserting that the charge sheet had not been submitted within the statutory period of 60 days as prescribed under Section 193(2) of the BNSS. The Special Court rejected the application, leading to the present revision petition before the High Court.
The petitioner argued that the charge sheet was filed only on January 29, 2025, which was beyond the 60-day limit. The defense contended that the endorsement of the trial court recorded on January 28, 2025, showed that no charge sheet had been received at that time. The counsel relied on Supreme Court judgments, including Uday Mohanlal Acharya v. State of Maharashtra (2001) 5 SCC 453, to argue that the accused acquires an indefeasible right to bail once the statutory period expires without the filing of a charge sheet.
On the other hand, the prosecution argued that the charge sheet was submitted on January 24, 2025, within the prescribed period, and that the trial court had duly acknowledged its receipt. The High Court Government Pleader and the counsel for the complainant emphasized that once the charge sheet is filed, the right to default bail does not arise. They further contended that the endorsement of the trial court stating "check and then put up" on January 24, 2025, confirmed the submission of the charge sheet on that date.
The High Court examined the documents, including the certified copies of court registers and charge sheet records, and noted that the trial court had acknowledged receipt of the charge sheet on January 24, 2025. It was observed:
"As could be seen from the endorsement made by the learned Special Judge on the charge sheet, the charge sheet is received by the learned Special Judge and he has made an endorsement ‘check and then put up’, the said endorsement is dated 24.01.2025."
The Court addressed the contention regarding the timeline of charge sheet submission. It noted that the trial court's order sheet recorded on January 28, 2025, indicated that the charge sheet had not been verified yet, but this did not negate the fact that it had been filed within the prescribed period. It stated:
"Once the charge sheet is filed, the power to remand exists in the Court till the ministerial act of verification of the charge sheet papers is carried out and till the date of taking of cognizance under Section 346 of the BNSS (Section 309 of Cr.P.C.)."
The Court further clarified that statutory bail under Section 187(3)(ii) of the BNSS applies only when the charge sheet is not filed within the stipulated time frame. Since the charge sheet was filed on January 24, 2025, the claim for statutory bail was not maintainable.
Citing the Supreme Court judgment in Suresh Kumar Bhikamchand Jain v. State of Maharashtra (2013) 1 SCR 1037, the Court reiterated that once the charge sheet is filed, the accused loses the right to default bail. It observed:
"It is needless to emphasize that once the charge sheet is filed, the ticking of the clock with regard to statutory right which is carved out in the statute would automatically stop."
The Court also relied on Central Bureau of Investigation v. Anupam J. Kulkarni (1992) 3 SCC 141, which clarified that default bail is a right that exists only until the charge sheet is filed, after which regular bail considerations apply.
Based on its findings, the Karnataka High Court dismissed the petition and upheld the order of the Special Court rejecting default bail. The Court concluded:
"In view of the principles of law enunciated in the case of Suresh Kumar Bhikamchand Jain, this Court is of the considered opinion that rejection of the petitioner seeking grant of statutory bail is justified, though the order of the learned Special Judge is not happily worded."
The Court, however, stated that the petitioner remains at liberty to seek regular bail under applicable provisions.
Advocates Representing the Parties
For the Petitioner: Sri Aravind D. Kulkarni, Advocate
For the State: Smt. Girija S. Hiremath, High Court Government Pleader
For the Complainant: Sri Umesh P. Hakkarki, Advocate for Sri M.V. Hiremath, Advocate
Case Title: M v. State of Karnataka
Neutral Citation: 2025:KHC-D:4160
Case Number: CRL.RP No. 100051 of 2025
Bench: Justice V. Srishananda
[Read/Download order]
