ALLABAKSH S/O MOHAMMED HANEEF TALIKOTI AGE: 26 YEARS, OCC: AGRICULTURE R/O TOLADINNI, TQ SHORAPUR, DIST. YADGIR Vs. THE STATE OF KARNATAKA THROUGH KODEKAL POLICE STATION REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH

JUDGEMENT

(1.) The present petitioner is before this Court for quashing the order dated 12.08.2016 passed by the learned Sessions Judge, Yadgiri, in Special Case No. 56/2016.

(2.) Facts arising to this case are that, on 14.05.2016 complainant filed a complaint before the police alleging that on 01.05.2016 one Goudappa has filed a missing complaint of his brother-Govindappa. On 13.05.2016 when the complainant and other family members were sitting in the house, at that time, one Manjunath, a relative of the complainant came and informed him that, himself and Allabaksha (petitioner) were sitting on the Katta of Hanuman Temple, at that time, Allabaksha has told him that he had illicit intimacy with one Smt. Mallamma who is coming to his land. Her husband on coming to know about the intimacy, has assaulted his wife Mallamma, the said fact came to be informed by Mallamma to petitioner -Allabaksh. Petitioner-Allabaksh in order to finish him off, took the deceased-Govindappa to his land along with A2, there committed his murder by drowning into the water and thereafter, informed the same to Smt. Mallamma. On the basis of such information, complainant went to police station and filed a complaint. On the basis of such complaint a case has been registered in Crime No. 24/2016 on 14.05.2016. During the course of investigation, accused was apprehended and he was in custody. On 12.08.2016 accused persons were produced before the Court, on the same day7 on behalf of accused No. 1-Allabaksh an application came to be filed under Sec. 167(2) of Crimial P.C. for grant of statutory bail on the ground that the petitioner was produced before the Court below on 14.05.2016, same day remanded to judicial custody, as on 11.08.2016 charge sheet has not been filed by Kodekal police, since charge sheet has not been filed within 90 days, petitioner-accused No. 1 is entitled to be released on statutory bail. After hearing the learned counsel for the accused and learned Public Prosecutor, the Court below rejected the application filed under Sec. 167(2) of Crimial P.C. by order dated 12.08.2016. Petitioner is before this Court for quashing the same.

(3.) I have heard the learned counsel for the petitioner and the learned HCGP for the State.