No Default Bail U/S 167 CrPC If Chargesheet Filed Before Arrest: Karnataka HC Rejects Accused Plea In Gauri Lankesh Murder Case
Live LawThe Karnataka High Court has dismissed a petition filed by Hrishikesh Devdikar, an accused in the journalist Gauri Lankesh murder case, seeking default bail under section 167 of the Criminal Procedure Code. A single judge bench of Justice Suraj Govindaraj said that the accused would not be entitled to the benefit under Section 167 CrPC if the charge sheet was filed before his arrest. The prosecution argued that once in the charge sheet the provisions of KCOCA were invoked, the period for the investigation came to be extended to a period of 180 days by referring to Section 22 and proviso thereof since charge sheet has been laid insofar as accused No.18 on 25.06.2020, the arrest having been made on 9.01.2020, a charge sheet having been laid within the said extended period, there is no question of statutory/default bail. Following which it held, "An accused would not be entitled to the benefit under Subsection of Section 167 of Cr.P.C, in the event of charge sheet having already been filed before his arrest."