Vithal Mahadev Gangaputra vs The State Of Karnataka
2022 Latest Caselaw 2579 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 16TH DAY OF FEBRUARY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

            CRIMINAL PETITION NO.8216/2021

BETWEEN:

VITHAL MAHADEV GANGAPUTRA
S/O.MAHADEV GANGAPUTRA
AGED ABOUT 57 YEARS
RESIDING AT NUMBER 506
INDUSIGNATURE APARTMENT
15TH CROSS, ESHWAR LAYOUT
INDIRA NAGAR, SECOND STAGE
BANGALORE NORTH-560 038.                    ... PETITIONER

         (BY SRI OMKAR BASAVA PRABHU, ADVOCATE )

AND:

THE STATE OF KARNATAKA
THROUGH MANDYA EAST POLICE STATION
REPRESENTED BY SPP
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
BANGALORE-560 001.                         ... RESPONDENT

             (BY SRI KRISHNA KUMAR K.K., HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE    EVENT    OF   HIS   ARREST    IN   CR.NO.91/2008
C.C.NO.843/2010 OF MANDYA EAST P.S., MANDYA DISTRICT
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FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 403, 409,
420, 467, 468, 471, 474, 477-A R/W SECTION 149 OF IPC.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

This petition is filed under Section 438 of Cr.P.C. praying

to enlarge the petitioner/accused on bail, in the event of his

arrest in respect of Crime No.91/2008 registered by Mandya East

Police Station, Mandya District, for the offences punishable under

Sections 403, 409, 420, 467, 468, 471, 474, 477-A read with

Section 149 of IPC.

2. Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3. Learned High Court Government Pleader appearing

for the respondent-State brought to the notice of this Court that

proclamation is issued against this petitioner, who is accused

No.2 and learned counsel for the petitioner also not disputes the

fact that proclamation is issued against the petitioner but, makes

submission with regard to discrepancy in issuing the

proclamation.

4. On perusal of the order sheet in C.C.No.1098/2008

for the year 2013 as well as 2015, it is seen that proclamation is

issued in the year 2015 itself and even the Trial Court invoked

Sections 82 and 83 of Cr.P.C. against the petitioner. Hence, the

absconded accused is not entitled for anticipatory bail, in view of

the judgment of the Apex Court in the case of LAVESH VS.

STATE (NCT OF DELHI) reported in (2012) 8 SCC 730,

wherein the Apex Court in paragraph No.12 of the judgment has

held as under:

"12. From these materials and information, it is clear that the present appellant was not available for interrogation and investigation and was declared as "absconder". Normally, when the accused is "absconding" and declared as a "proclaimed offender", there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the

Code he is not entitled to the relief of anticipatory bail."

Accordingly, the criminal petition is dismissed as not

maintainable.

Sd/-

JUDGE

ST