Karnataka High Court Grants Bail To Accused After Police Fail To Produce Him Before Magistrate For Extension Of Remand

The Karnataka High Court recently granted bail to an accused charged under provisions of the Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, after the police failed to produce him before the court for extension of his remand.The accused was arrested on September 15, for commission of offences under sections 69, 89, 351(2) of BNSS-2023 and Section 3(2)(v) of the SC/ST (POA) Act, 1989. On the next day he was remanded to judicial custody till 30.09.2025. However, on 30.09.2025, the trial court passed an order that the accused was not produced from judicial custody and to await final report list on 10.10.2025.The petitioner argued that in view of the decision of Hon'ble Supreme Court in the case of Jigar Alias Jimmy Pravinchandra Adatiya Vs. State of Gujarat reported in (2023) 6 SCC 484 wherein the court has observed that no Magistrate shall authorise the detention of the accused in the custody of the Police unless the accused produced before him in-person. Since, the investigating Officer has not complied with the mandatory provisions of 187(4) of BNSS 2023, he should be granted bail. Moreover, the alleged commission of offences are not punishable with death or imprisonment for life. The prosecution opposed the plea contending that there are prima facie materials to attract the alleged commission of offences. At this stage, if the accused is released on bail, he may tamper or threaten the prosecution's witnesses. Justice G Basavaraja on going through the records said “Without assigning any reasons, the Trial Court has adjourned the case on 10.10.2025.” The court perused the report received from the concerned Presiding Officer wherein it was stated that the accused was not produced from judicial custody either in-person or through video conference and the Investigating Officer did not file a remand application seeking extension of judicial custody. Further, the Investigating Officer had not submitted as to compliance with mandatory provisions of Section 187(4) of BNSS-2023.Following which it held “The accused is entitled for bail. Apart from this, the alleged commission of offences are not punishable with death or imprisonment for life. The accused is not required for further investigation.” Appearance: Advocates Nikhil Sai M, Yuktha N for Appellants.Additional SPP Asma Kauser for RespondentCitation No: 2025 LiveLaw (Kar) 426Case Title: CHARAN H V AND State of Karnataka & ANR Case No: CRIMINAL APPEAL NO. 2056 OF 2025Click Here To Read/Download Order

Karnataka High Court Grants Bail To Accused After Police Fail To Produce Him Before Magistrate For Extension Of Remand

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