The filing of a charge sheet within the statutory 60 days extinguishes the right to default bail, underscoring enforcement of statutory timelines in criminal proceedings.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Sri.Aravind D. Kulkarni, learned counsel for the petitioner, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent No.1 and Sri.Umesh P.Hakkarki, advocate for Sri.M.V.Hiremath, advocate for respondent No.2-defacto complainant.

2. Petition under Section 397 of Cr.P.C./438 BNSS with the following prayer:-

a. Set aside the order dated 01.02.2025 passed by the Additional District and Sessions Judge, FTSC-I, At-Haveri in Spl.S.C.No. 08/2025 and consequently allow the application filed by the petitioner and enlarge the petitioner on default bail in Spl.S.C. No.08/2025 pending on the file of Additional District and Sessions Judge, FTSC- I, Haveri, registered for the offences punishable under Section 376(2)(n), 506 of IPC and under Sections 4 ,6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter for short ’POCSO Act, 2012’) and such other reliefs.

3. Facts in brief which are utmost necessary for disposal of present petition are as under:

Second respondent filed a complaint on 25.11.2024 alleging that she is residing with her husband Shabbirahmad at Vardi village in Hangal taluk and she is eaking out her livelihood through household work and her husband is a coolie. Complainant is having a son by name Mahamad aslam and four daughters. Her son is also doing the coolie work at Goa and elder daughter Mumtajbegaum got married. Second daughter Khuthejabanu is pursuing her bachelor degree at Gandhipur college, Haveri. Fourth daughter (victim girl) is studying in 9^th standard and 3^rd daughter Sadiyakausar is aged 16 years 7 months discontinued her education studying in Urdu school, Naregal up to 10^th standard.

4. When the matter stood thus, when the victim girl was pursuing her studies at Naregal, accused petitioner said to have developed intimacy with victim girl and pursuant to said intimacy on 18.05.2024 at about 2 p.m. when the victim girl was all alone in the house, the accused visited the house of the complainant and cajoled her and had a forcible sexual intercourse and thereafter gave a life threat. Accused said to had repeated such physical relationship number of times in victim girl becoming the pregnant.

5. After receipt of the complaint, Adur Police registered a case in Crime No.183/2024 on 25.11.2024 for the offence punishable under Section 376(2)(n), 506 of IPC and under Sections 4 , 6, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 . Thereafter, Police thoroughly investigated the matter and filed the charge sheet on 24.01.2025 (date of filing of charge sheet disputed by the petitioner), interalia, arresting the accused-petitioner and sending him to judicial custody.

6. An application came to be filed under Section 187 of the BNSS (earlier 167(2) of Cr.P.C.) by the petitioner seeking grant of statutory bail on the ground that the date of filing of charge sheet is beyond the period of 60 days as is contemplated under Section 193 (2) of the BNSS.

7. Learned Special judge heard the parties after entertaining the objections of the prosecution and rejected the application filed by the petitioner. Thereafter, petitioner is before this Court.

8. Sri. Arvind D. Kulkarni, learned counsel for the petitioner, reiterating the grounds urged in the bail petition and contended that as could be seen from Section 193 (2) of BNSS, it was incumbent on the part of the investigating agency to complete the investigation within a period of 60 days from the date of receipt of the information (date of complaint) which is on 25.11.2024.

9. He would also contend that order sheet of the trial Court depicts that even as on 28.01.2025, the office note would indicat