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.

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 LXXXI Additional City Civil and Sessions Judge, Bengaluru and allow the application filed by the petitioners under Section and etc.

2. Crl.P No.15187/2025 has been filed by accused nos.2, 3 and 7 calling in question the correctness of the order dated 17.10.2025 in Crime No.73/2025, allowing the application filed by the Special Public Prosecutor under Section 22 (2) (b) of KCOCA Act permitting the Investigating Agency to file a Final Report by granting further period of 45 days.

3. Crl.P 15216/2025 has been filed by accused nos.6 and 8 calling in question the correctness of the order dated 17.10.2025 passed under Section 187 (3) of BNS S , 2023 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 KCOCA, pending on the file of learned LXXXI Additional City Civil and Sessions Judge, Bengaluru.

I. BRIEF FACTS OF THE CASE:-

4. Smt. Vijayalakshmi, mother of deceased, is stated to have filed a complaint to Bharathinagar Police Station on 15.07.2025 alleging that her son was murdered by certain persons and accordingly, First Information Report was registered in Crime No.73/2025 for the offences under Sections 103 and 190 of BNS .

5. The State of Karnataka had transferred the investigation to the CID subsequently and the said Agency has invoked the provisions of KCOCA against all the accused.

6. The accused no.6 and 8 are stated to have surrendered on 16.07.2025 and the said accused have filed an application on 15.10.2025 claiming that they are entitled to be considered for grant of Bail for failure to file investigation report within the stipulated time.

7. It is further made out from the facts that the Public Prosecutor had filed an application on 09.10.2025 for extension of time to file Final Report which application was filed under Section 22 (2) (b) of the KCOCA Act.

8. It is submitted that the Trial Court had granted extension of 45 days to file the final report and consequently has rejected the bail application as having become infructuous. Being aggrieved by the said order, the present petition is filed.

II. ANALYSIS

A. CONTENTION REGARDING NON-ENCLOSING COPY OF THE REPORT OF THE INVESTIGATING OFFICER

9. Learned Counsel appearing for accused nos.6 and 8 Sri. Venkatesh Dalwai has placed strong reliance on the judgment of the Apex Court in the case of Hitendra Vishnu Thakur and Others v. State of Maharashtra and Others , 1(1994) 4 SCC 602 to contend that the report of the Investigation Officer ought to have been a part of the report of the Public Prosecutor submitted to the Court. It is contended that unless the report of the Investigation Officer is referred to in the report of the Public Prosecutor, the