In a significant ruling, the Karnataka High Court has clarified that delay in completing investigation within 60 days under the law does not automatically entitle an accused to statutory bail, especially in serious offences.
Justice M. Nagaprasanna delivered the verdict while dismissing a petition filed by a 27-year-old accused seeking default bail in a case involving charges under the POCSO Act and other serious offences.
Background of the Case
The case arose from a tragic incident in October 2025, where a minor girl allegedly died by suicide. According to the complaint filed by her mother, the accused-who worked with the victim earlier-was in a relationship with her and had physical relations despite knowing she was underage.
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The police registered a case involving offences under the Bharatiya Nyaya Sanhita (BNS), the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the Protection of Children from Sexual Offences (POCSO) Act. The accused was arrested on October 14, 2025, and remained in custody thereafter.
He first sought default bail claiming that the charge sheet was not filed within 60 days. After the charge sheet was eventually filed on the 84th day, he again approached the court, arguing that the report was incomplete.
The defence argued that the law requires investigation in such offences to be completed within 60 days. Since this timeline was not followed, the accused claimed a right to statutory bail.
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It was also submitted that the charge sheet lacked key evidence such as forensic reports, DNA analysis, and call data records. The counsel contended that such an incomplete report could not defeat the accused’s right to liberty.
Opposing the plea, the prosecution maintained that the seriousness of the offences changes the legal position.
The State argued that offences punishable with 10 years or more allow a 90-day window for filing the charge sheet. It further submitted that even an incomplete charge sheet does not automatically entitle the accused to bail.
The High Court carefully examined the interplay between two provisions of the law-Section 187 (which governs default bail) and Section 193 (which prescribes timelines for investigation).
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The Court observed that:
“Section 193(2)… is intended to ensure speedy investigation… but it does not confer a right of default bail upon the accused.”
It emphasized that the 60-day timeline is meant to protect the interests of the victim, not to provide a legal escape route for the accused.
On the issue of the charge sheet, the Court noted that merely because some reports were pending, it cannot be treated as incomplete in a way that grants bail.
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The bench relied on settled legal principles to hold that once a charge sheet is filed within the permissible period, the right to default bail ceases.
The Court concluded that since the offences carried punishment of more than 10 years, the applicable time limit was 90 days-not 60. As the charge sheet was filed within 84 days, it was within the legal limit.
Rejecting both grounds raised by the petitioner, the High Court dismissed the writ petition and upheld the earlier orders denying statutory bail.
Case Details
Case Title: Govinda vs State of Karnataka & Anr.
Case Number: Writ Petition No. 5248 of 2026
Judge: Justice M. Nagaprasanna
Decision Date: 10 April 2026
