Incomplete chargesheet no grounds for bail: Karnataka high court

Bengaluru: The filing of a chargesheet without accompanying paperwork, such as Call Detail Records (CDR) and Forensic Science Laboratory (FSL) reports, does not strip it of its character as a final report in the eyes of law, nor does it revive or confer upon the accused a right to claim statutory bail, Karnataka high court observed recently while dismissing the bail petition filed by a 27-year-old man.Section 193(2) of Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates the filing of chargesheet within 60 days for certain offences, doesn't mean it can be used by an accused seeking statutory/default bail, the court observed, adding that the objective is the completion of investigation in rape and Pocso cases. It is at best for the benefit of the survivor, Justice M Nagaprasanna pointed out.The accused, who works as a housekeeping staffer at a private hospital, is said to have had a physical relationship with a colleague despite knowing she was underage. The girl was found to be pregnant when she died by suicide. Her mother registered a police complaint, and an FIR was filed for offences punishable under various sections of BNS, SC/ST Act, and Pocso Act. On Dec 23, 2025, the special court refused default bail to the accused, who challenged it in the high court, contending that Section 193(2) of BNSS mandates that the chargesheet should be filed within 60 days for the sections invoked. He claimed that in terms of sections 187(3)(ii) and 193(2) of BNSS, the concerned court ought to have granted him statutory bail. He submitted that the chargesheet filed by the officer in charge of the police station was incomplete without an FSL report, DNA report, CDRs or retrieval of mobile phone contents.On the other hand, police argued that a defective/incomplete chargesheet being filed does not mean the petitioner becomes entitled to the grant of statutory/default bail.After perusing the materials on record, Justice Nagaprasanna noted that as per the Supreme Court, once a chargesheet is filed within the stipulated period, with all material barring additional reports, the right to statutory bail stands extinguished."The criminal process is not a ritual of perfection at its inception; it is an evolving inquiry where additional evidence may surface in the fullness of time. To insist upon absolute completeness at the stage of filing of chargesheet would be to impose an impracticable burden upon the investigative machinery," the judge noted.
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