2 months ago
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The High Court of Karnataka has granted default bail to 4 accused, including the premier accused Jagadish P. alias Jagga, successful the lawsuit of the execution of realtor-cum-rowdy sheeter Shivaprakash alias Biklu Shiva, arsenic the Criminal Investigation Department (CID) did not record a complaint expanse wrong the play prescribed successful the law.
Justice S. Sunil Dutt Yadav passed the bid portion allowing the bail pleas of Jagadish (accused number-1), K. Kiran (accused number-2) Vimal Raj B. (accused number-3), and Madan R. (accused number-7).
The petitioners had questioned the orders, passed by a magistrate tribunal connected December 26, 2025, and by a sessions tribunal connected February 2, 2026, rejecting their exertion filed connected December 22, 2025, seeking merchandise connected default bail owed to non-filing of the complaint expanse with the specified time.
The High Court pointed retired that the CID had 90 days to record a complaint expanse from the day of their arrest, but the deadline of 90 days got extended owed to invocation of the stringent Karnataka Control of Organised Crime Act (KCOCA).
As the High Court connected December 19, 2025 held arsenic amerciable invocation of KCOCA against each the accused successful the cases, the accused automatically entitled for default bail arsenic the deadline to record complaint expanse was reverted to 90 days arsenic provided successful the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the play extended arsenic per KCOCA ceased to exist, said Justice Yadav.
The High Court noted that the accused had filed a plea for default bail earlier the magistrate tribunal astatine 12 p.m. connected December 22, 2025, arsenic the CID filed preliminary complaint expanse astatine 5.15 p.m. connected the aforesaid day.
“The filing of the complaint expanse astatine 5.15 p.m. connected December 22, 2025, which is aboriginal successful constituent of clip aft the bail exertion was filed, could not decision the indefeasible close accrued to the petitioners,” the High Court said portion citing the apex court’s judgment.
Meanwhile, Justice Yadav clarified that bid of granting default bail would beryllium taxable to the result of the entreaty filed by the CID earlier the apex tribunal challenging the High Court’s bid of quashing charges nether KCOCA against the accused persons. If the apex tribunal restores the KCOCA, the accused indispensable look the ineligible consequences, the High Court said.
