Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Kar) 18413

THE HIGH COURT OF KARNATAKA
M. Nagaprasanna, J
Subbaiah K.B. – Appellant
Versus
State Of Karnataka – Respondent
CRL.P No. 2237 of 2026

Advocates:
For the Appellants/Petitioners: Shivaprasad Shantanagoudar
For the Respondents: B.N. Jagadeesha

The sixty-day time limit prescribed under Section 250(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for filing a discharge application is directory, not mandatory. Courts maintain judicial discretion to condone delays in the interest of justice, as the right to seek discharge is a valuable statutory right.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 250 - Application for discharge - Whether the 60-day time limit under Section 250(1) for filing a discharge application is mandatory or directory - Held, the provision is directory and not mandatory; the right to seek discharge is a valuable statutory right that is not automatically extinguished after 60 days - Courts possess the judicial discretion to condone delay for filing discharge applications where sufficient cause is shown. (Paras 9, 10)

Facts of the case:
The petitioner faced criminal proceedings for offences under the Bharatiya Nyaya Sanhita, 2023, and the Indian Arms Act, 1959. During the proceedings, the petitioner made an oral request for discharge, which the trial court rejected on the ground that it was made beyond the 60-day limitation period prescribed under Section 250(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and that no formal application had been filed. The petitioner subsequently challenged this order.

Findings of Court:
The Court held that the strict application of the 60-day period would defeat the ends of justice. Aligning with judicial precedents from other High Courts, it concluded that the word "may" in Section 250(1) indicates that the time limit is discretionary rather than mandatory. The trial court's rejection of the oral prayer solely on technical grounds was set aside.

Issues: Whether the 60-day time limit stipulated in Section 250(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for filing an application for discharge is mandatory or directory.

Ratio Decidendi: Since the legislature employed the word "may" in Section 250(1) and the right to seek discharge is a core procedural safeguard, the time limit is directory. Courts may entertain discharge applications even after the expiry of 60 days to ensure fairness and prevent technicalities from overriding substantive rights.

Result: Criminal petition allowed in part; order rejecting the discharge prayer quashed; petitioner granted liberty to file a formal discharge application.

Table of Content
1. overview of the petition for discharge and the trial court's rejection based on the 60-day limitation. (Para 1 , 2 , 3 , 4 , 5)
2. parties' contentions regarding the mandatory versus directory nature of the discharge application limitation period. (Para 6 , 7 , 8)
3. high courts' interpretation of section 250 bnss as directory, emphasizing the accused's statutory right to discharge. (Para 9)
4. final order allowing the petitioner to file a discharge application regardless of the 60-day delay. (Para 10)

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DATED 06.05.2025 VIDE ANNEXURE-A, FIR BEARING CR.NO.92/2025 DATED 06.05.2025 VIDE ANNEXURE-B, CHARGE SHEET DATED 22.07.2025, FOR THE OFFENCES P/U/S 103(1) OF BNS, 2023, SECTION 30 OF INDIAN ARMS ACT, 1959, VIDE ANNEXURE-C AND ORDER DATED 16.12.2025 AND QUASH PROCEEDINGS IN S.C.NO.68/2025 VIDE ANNEXURE-F, PENDING BEFORE THE I ADDL. DISTRICT AND SESSIONS JUDGE, KODAGU-MADIKERI.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court seeking the following prayer:

a. Quash the complaint dated 06.05.2025 vide Annexure-A, FIR bearing Crime No.92/2025 dated 06.05.2025 vide Annexure-B, Charge Sheet dated 22.07.2025 for the offences punishable under Section 103(1) of BNS, 2023 Section 30 of Indian Arms Act, 1959, vide Annexure-C and order dated 16.12.2025 and quash proceedings in Sessions Case No.68/2025 vide Annexure-F, pending before the I Additional District and Sessions Judge, Kodagu-Madikeri.

b. Further this Hon’ble Court may be pleased to grant such other reliefs as deemed fit in the interest of justice and equity.”

2. Heard Sri Shivaprasad Shantanagoudar, learned counsel for petitioner, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1. Notice to respondent No.2 is not issued as it is unnecessary.

3. Learned counsel for the petitioner would restrict his prayer only insofar as discharge application is concerned. The concerned Court rejects the application of the petitioner seeking his discharge from the array of accused on the score that the discharge application is preferred beyond 60 days as obtaining under Sub-section (1) of Section 250 of the BNSS.

4. Facts in brief, germane, is as follows: A complaint comes to be registered against the petitioner alleging that the petitioner and the complainant’s husband owing to certain family dispute, it is alleged that the petitioner has shot the complainant’s husband to death and a crime is registered in Crime No.92/2025 for offences punishable under Section 103(1) of the BNS, which was Section 302 of the IPC, the earlier regime and Section 30 of the Indian Arms Act, 1959. The police conduct investigation and file their final report / charge sheet before the concerned Court. The issue in the lis is not with regard to the merit of the criminal proceedings pending before the concerned Court.

5. While the proceedings are on before the concerned Court, the petitioner – accused makes an oral prayer seeking his discharge before the concerned Court. The concerned Court rejects the oral prayer of discharge pleaded by the petitioner and went on to frame charges in terms of the impugned order dated 16.12.2025. The averment in the petition is, the oral prayer seeking discharge comes to the rejected on the score that the time limit prescribed for filing the discharge application, once the charge sheet is filed is 60 days as obtaining under Section 250(1) of the BNSS and therefore, the prayer of discharge cannot be entertained. The order of the concerned Court dated 16.12.2025 reads as follows:

“Accused and his learned counsel present.

Learned PP present.

Learned counsel for the accused submits that there is no prima facie materials and eyewitnesses available on record, hence prayed to discharge the accused.

Learned PP submits that since there is no application f

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2026 Supreme(Online)(Kar) 18413

THE HIGH COURT OF KARNATAKAM. Nagaprasanna, JSubbaiah K.B. – AppellantVersusState Of Karnataka – RespondentCRL.P No. 2237 of 2026

THE HIGH COURT OF KARNATAKA
M. Nagaprasanna, J
Subbaiah K.B. – Appellant
Versus
State Of Karnataka – Respondent
CRL.P No. 2237 of 2026