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M. NAGAPRASANNA
State Of Karnataka By Kavoor Police Station, Represented By The State Public Prosecutor – Appellant
Versus
Kalandar Shafi S/O Late Ismmail – Respondent
Based on the provided legal document, the key points relevant to your query are as follows:
The interpretation of Section 187 of the BNSS indicates that for offenses punishable up to ten years, the period for investigation is 60 days, with police custody limited to 15 days within the first 40 days of investigation (!) (!) (!) (!) (!) (!) .
The phrase "ten years or more" in Section 187(3) signifies a minimum threshold punishment of ten years, which means the investigation period extends to 90 days for such offenses (!) (!) (!) (!) .
If the maximum punishment for the alleged offense is up to ten years (not exceeding ten years), the investigation must be completed within 60 days, and the police custody cannot extend beyond 15 days within the first 40 days of investigation (!) (!) (!) (!) .
The court emphasizes that the punishment is a key factor in determining the investigation period and the permissible duration of police custody. For offenses punishable with up to ten years, the investigation period is 60 days, and police custody is accordingly restricted to 15 days within this timeframe (!) (!) (!) (!) .
In the specific case discussed, the offense's maximum punishment is up to ten years, which restricts the investigation period to 60 days, with police custody limited to 15 days within the first 40 days. Since this period has lapsed, further police custody requests are not permissible under the law (!) (!) .
The interpretation of the statutory provisions should favor the rights of the accused, ensuring that the investigation and custody periods are strictly adhered to in accordance with the punishment thresholds specified by law (!) (!) (!) .
The court has rejected the petitions challenging the order denying further police custody, as the statutory period for investigation has been exceeded based on the nature of the offense and the interpretation of relevant provisions (!) (!) (!) .
In summary, for offenses punishable up to ten years, the investigation should be completed within 60 days, and police custody is limited to 15 days within the first 40 days. Since the maximum punishment in your case is up to ten years, these time limits are applicable, and further police custody beyond this period is not justified.
ORDER :
M. Nagaprasanna, J.
Both these petitions call in question a solitary order dated 04-12-2024 passed by the Judicial Magistrate First Class (III Court) Mangalore, by which the Court rejects the requisition of the prosecution for grant of Police custody of the accused. Writ Petition No.33526 of 2024 is preferred by the complainant and Criminal Petition No.13459 of 2024 is preferred by the State.
2. Heard Sri P.P. Hegde, learned senior counsel appearing for the petitioner in the writ petition No.33526 of 2024; Sri B N Jagadeesha, learned Additional State Public Prosecutor appearing for petitioner in Criminal Petition No.13459 of 2024 and for respondent No.1 in writ petition No.33526 of 2024; Sri B.Lethif, learned counsel appearing for respondents 2 and 4 in writ petition and respondents 1 and 3 in Criminal Petition and Sri Hasmath Pasha, learned senior counsel appearing for respondent No.3 in Writ Petition and respondent No.2 in Criminal Petition.
3. Facts, in brief, germane are as follows:-
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