BNSS default bail turns on Section 187(3)

The Karnataka High Court at Bengaluru, per Justice M. Nagaprasanna, considered a petition seeking statutory bail in a case arising from Crime No. 337 of 2025. The petitioner was facing allegations under Sections 64 and 108 of the BNS, Sections 3(2)(v-a) and 3(1)(w)(ii) of the SC/ST Act, and Sections 3, 4, 5(j)(ii), (l) and 6 of the POCSO Act.

The petitioner was arrested on 14 October 2025 and remained in custody. He first sought default bail on 17 December 2025, arguing that the charge sheet had not been filed within 60 days under Section 193 of the BNSS. The trial court rejected that plea, holding that the case attracted the 90-day period under Section 187(3)(i) because the alleged offences were punishable with imprisonment of 10 years or more.

The police filed the charge sheet on the 84th day. The petitioner then renewed his request, contending that the charge sheet was incomplete because it lacked FSL, DNA, CDR and mobile extraction material. That plea too was rejected, leading to the writ petition.

The core issue before the High Court was whether Section 193(2) of the BNSS creates an independent right to default bail if the charge sheet is not filed within 60 days, and whether an incomplete charge sheet can be treated as no charge sheet at all.

The Court answered both questions against the petitioner. It held that Section 187(3) is the sole source of the right to statutory or default bail. The time limit is 60 days where the alleged offence is punishable up to 10 years, and 90 days where the punishment extends to 10 years or more. Since the charge sheet was filed within 90 days, the petitioner could not claim default bail.

On Section 193(2), the Court held that the provision is meant to ensure completion of investigation in offences such as rape and POCSO. It is not a provision that the accused can invoke to seek enlargement on default bail. The Court treated it as a mandate operating for the benefit of the victim and the investigation process, not as a separate bail trigger.

The Court also rejected the argument that the charge sheet was invalid because some reports were still awaited. It held that filing of the charge sheet without FSL or CDR reports does not strip it of its character as a final report in law, and does not revive a right to statutory bail.

The petition was dismissed.

Practical takeaway: In BNSS cases, default bail must be tested under Section 187(3), and a timely but incomplete charge sheet will not by itself secure release.