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1984 Supreme(Kar) 70

VENKATESH
BALAPPA KARNAL – Appellant
Versus
STATE OF KARNATAKA – Respondent


VENKATESH, J.

( 1 ) THESE petitioners are accused Nos. 13, 12, 8, and 14 respectively in C. C. 64/84 pending on the file of the J. M. F. C. , Shorapur, Gulbarga District, They and others have been charge-sheeted for various offences including the offence of murder.

( 2 ) THEY were arrested in this connection by the Shorapur Police in their Crime No. 51 of 1983 on 8-11-1983 at about 5-30 a m. and were produced before the jurisdictional Magistrate at about 8 p. m. on that very day. The Learned Magistrate exercising his powers under Section 167 of the code remanded them to custody from time to time till 7-2-1984. On 6-2-1984 the accused requested the J. M. F. C. , through an application to release them on bail and offered sureties on their behalf. When this application was pending consideration that very day i e. , 6-2-1984 at 4. 45 p. m. the police placed their final report in the case.

( 3 ) IF the date of arrest of these accused. e. , 8-11-4983 is also taken into consideration or reckoned in counting the period of 90 days, that period of 90 days expires or had expired at the end of 5-24984,. e. , by mid-night of 5-2-1984.

( 4 ) NOW we will assume that after the police filing th














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