(Per A. Gopal Reddy, J.)

The following question of law referred to for an authoritative pronouncement by the Division Bench.

"Whether the charge sheet, which was filed within 90 days, but was returned for compliance of certain technical objections of not filing the scientific expert's opinion, is a proper compliance under Section 173 Cr.P.C. and whether the same confer any right on the accused to seek bail as a matter of right, as required under Section 167 Cr.P.C."

2. The incontrovertible facts that led to reference are that on registering Cr.No.94 of 2008 on the file of PS T.Sundupalii on 28-09-2008 under Section 174 of the Code of Criminal Procedure (for short "Cr.P.C.") altered to Sections 302, 376, 379, 201 IPC and Sections 25(1)(b) and 27 of Arms Act petitioners/accused 1 and 2 were arrested on 30-10-2008 and remanded to judicial custody on 31-10-2008. Charge sheet was filed before the Additional Judicial Magistrate of First Class, Rayachoty on 29-01-2009 with a list of witnesses numbering 46 alleged to be enclosing 164 Cr.P.C. statement of P.Sujatha, postmortem certificate, wound certificate, potency certificates of V.K.Ragavendra-A1 and B.M. Nageshbabu-A2, 161 Cr.P.C. st