The Karnataka High Court has in the case of Santosh S/o Hari Kadam v. the State of Karnataka observed that the supplementary charge sheet is only an additional material collected against the accused persons and that the provisions of Section 167(2) of Cr.P.C, (default bail) cannot be made applicable to it. The same has to be complied with accordingly. A Single Judge Bench of Justice Rajendra Badamikar of the High Court dismissed the petition filed by Santosh Kadam challenging the order of the Sessions Court rejecting his bail application.
Factual Background
The petitioner was arrayed as Accused No. 1 and was prosecuted for the offences punishable under Sections 380, 457, 458, 382, 201 of IPC and Section 25(IA) of the Arms Act, 1959. Initially, the crime was registered in Bevoor police station and after investigation, the charge sheet was submitted on 04.01.2021 and the present petitioner was arrested on 06.02.2021. The supplementary charge sheet came to be filed on 17.05.2021 under Section 173(8) of Cr.P.C.,
Hence, it was contended that the charge sheet has not been submitted within 90 days from the date of his arrest, and as such, he sought statutory bail under Section 167(2) of Cr.P.C. The learned Magistrate rejected the said petition and against the said order, the petitioner has filed a revision before the learned Sessions Judge at Koppal and his revision petition also came to be rejected. Hence, he has approached this Court.
Reasoning and Decision of the Court
At the outset, the Court opined that the petition is not maintainable as the charge sheet was submitted on 04.01.2021 itself. The present petitioner was arrayed as accused No.1 in the charge sheet. However, as some of the accused were absconding, the investigation officer in his charge sheet itself sought leave of the Court to submit supplementary charge sheet in due course. The supplementary charge sheet was submitted on 17.05.2021 by collecting some additional material. Section 173(8) of Cr.P.C., deals with the supplementary charge sheet.
After having looked at Section Section 173(8), the Court observed that,
"for submitting supplementary charge sheet, leave of the Court is not required and the statute itself has given powers to the investigation officer to submit supplementary charge sheet, if any material is found. However, in the instance case, the charge sheet is submitted against the present petitioner on 04.01.2021 itself and he was arrested on 06.02.2021 i.e. after submission of the charge sheet.”
Further with respect to Section 167(2) of Cr.P.C., the Court opined that,
"Magistrate can order for detention of the accused for maximum 90 days or 60 days as the case may be if the charge sheet is not filed and investigation is not concluded from the date of arrest. Section 167(2) of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge sheet is filed against particular accused and supplementary charge sheet is submitted against other accused or for additional evidence, the provisions of Section 167(2) of Cr.P.C., cannot be applicable.
Hence, question of applicability of Section 167(2) of Cr.P.C., does not arise at all in the present case to the accused, against whom charge sheet has already been submitted and who was arrested subsequently."
While dismissing the petiton, the Court held that:
"The supplementary charge sheet is only an additional material collected against the accused persons. Hence, the petition is devoid of any merits and is misconceived and hence, it needs to be rejected both on maintainability and as well as on merits."
Case Details
Case Name: Santosh S/o Hari Kadam v. the State of Karnataka
Case Number: Criminal Petition No. 101403 of 2021
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source ; www.latestlaws.com
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