Statutory bail granted due to failure to file a charge sheet within the prescribed time limits under criminal law.

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Accused No.1 in Crime No.156/2025 registered by Kurugod Police Station, Ballari District for the offences punishable under Sections 103(1), 108 and 85 of BNS, 2023 is before this Court under Section 483 of BNSS , 2023 seeking regular bail.

2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.156/2025 was registered by Kurugod Police Station, Ballari District for the aforesaid offences against the petitioner and his wife Smt. Siddavva, based on the first information dated 18.06.2025 received from Smt. Renuka, mother-in-law of the petitioner. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 18.06.2025. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.525/2025 was rejected on 10.07.2025. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that insofar as the petitioner is concerned only the offences punishable under Section 108 and 85 of BNS, 2023 gets attracted. The offence punishable under Section 103(1) of BNS, 2023 has been invoked in the FIR against accused No.2 – Siddavva, who had committed suicide by jumping to the well, after throwing her three minor daughters into the well. The petitioner has been remanded to judicial custody in the present case on 18.06.2025 and till date charge sheet is not filed. Therefore, he is entitled for statutory bail. Accordingly, she prays to allow the petition.

5. Per contra, learned HCGP, who has opposed the prayer made in the petition, however, does not dispute that charge sheet is not filed in the present case, till date.

6. Perusal of the material on record would go to show that, the petitioner is the husband of Siddavva, who is arrayed as accused No.2 in the FIR. From the wedlock the couple had four children. On 17.06.2025 accused No.2 Siddavva had thrown her three minor daughters into the well near her house and had jumped into the said well and committed suicide. It is in this background on 18.06.2025 her mother Renuka had approached the police alleging that the petitioner was ill- treating her daughter Siddavva and also was doubting her character and it is in this background Siddavva had committed suicide after throwing her three minor daughters into the well on 17.06.2025. The petitioner has been arrested and remanded to judicial custody in the present case on 18.06.2025.

7. Section 187(3) of BNSS , 2023 reads as follows:

"Section 187(3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-

section for a total period exceeding-

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more;

(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter.

8. Insofar as the petitioner is concerned FIR has been registered only for the offences punishable under Sections 108 & 85 of BNS, 2023 and the offence punishable under Section 103(1) of BNS, 2023 is invoked only as against accused No.2 Siddavva, who had thrown her three minor daughters to the well before jumping to the very same well and committing suicide. Sidda