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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.SUNIL DUTT YADAV
k. Kiran, S/o. P. C. Krishna – Appellant
Versus
State Of Karnataka, Represented – Respondent
| Table of Content |
|---|
| 1. investigation details and bail applications. (Para 4 , 5 , 6 , 7 , 8) |
| 2. arguments on the role of public prosecutor's report. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. conditions for extending investigation beyond 90 days. (Para 25 , 26 , 27 , 28) |
| 4. public prosecutor's application of mind in reports. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 5. final decision on the petitions. (Para 50 , 51) |
ORDER :
S. SUNIL DUTT YADAV, J.
This Order has been Divided into following sections to facilitate analysis:
Crl.P No.15186/2025 has been filed by accused nos.2, 3 and 7 calling in question the correctness of the order dated 17.10.2025 passed rejecting the application seeking to be enlarged on default bail, while extending time for investigation and for filing of final report under Section 187 (3) of Bharatiya Nagarika Suraksha Sanhita, 2023 (" BNS S ", for short) in Crime No.73/2025 for the offences under Sections 103 , 190, 61, 189(2) & (4), 109 r/w 3 (5) of , 2023 and Section 25 (1B) (b) of the Arms Act, 1959 and Section 3 (i) (ii) 3(2), 3(3), 3(4), 3(5) and 4 of the Karnataka Control of Organised Crimes Act, 2000 ("KCOCA", for short) pending on the file of learned LXX
The court emphasized the necessity of the Public Prosecutor's independent application of mind when seeking extension of investigation time, which is essential for safeguarding the accused's rights.
The right to default bail under Section 167(2) of the CrPC is an indefeasible right and not a statutory right. It is a part of the procedure established by law under Article 21 of the Constitution.
The duty of the Public Prosecutor to independently apply his mind and satisfy himself before seeking extension of time for investigation under Section 21(2)(b) of the MCOC Act is crucial, and the gra....
Default bail—Extension of time for filing charge-sheet—Notice is required to be given to accused only after accruing any right of getting default bail after expiry of 90 days from date of their arres....
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