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Section 167(2) CrPC does not apply to supplementary charge sheets filed. A supplementary charge sheet is just more evidence against the accused.: Karnataka high court.

Section 167(2) of the Criminal Procedure Code is inapplicable to supplemental charge sheets since they include solely new evidence gathered against the accused, is upheld by the High Court of Karnataka through the learned Judge JUSTICE  V. SRISHANANDA  in the case of Santosh v. State of Karnataka (CRIMINAL REVISION PETITION NO.1 OF 2015).

Brief facts of the case:

The petitioner was charged for offences punishable under Sections 380, 457, 458, 382 and 201 of the Penal Code of 1860, often known as the IPC, and Section 25(IA) of the Arms Act of 1959. The petitioner was arrested on February 6, 2021, and the additional charge sheet was submitted on May 17, 2021, in accordance with Section 173(8) of the Criminal Procedure Code (CrPC). A petition for statutory bail was filed under section 167(2) of the Criminal Procedure Code on the grounds that the charge sheet was not provided within ninety days of the date of his arrest. The petition was denied and a revision petition was filed, which was also denied. As a result, a petition was filed according to Section 439 of the Criminal Procedure Code to vacate the contested ruling.

The petitioner’s attorney, Anand R. Kolli, argued that his client was arrested on February 6, 2021, and that the supplementary charge sheet was filed on May 17, 2021. Because the supplementary charge sheet was not filed within 90 days, as required by law, the petitioner is entitled to statutory bail.

Ramesh B. Chigari, counsel for respondents, said that the charge sheet against the current petitioner was only filed previous to his detention. Therefore, the requirements of Section 167(2) of the Criminal Procedure Code cannot apply to him.

JUDGMNET: The petition is devoid of merit and misconceived; thus, it must be denied on grounds of maintainability and merits.

JUDGEMENT REVIEWED BY – HARILAKSHMI

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