Karnataka High Court
Sri.T.G Swamy vs The State Of Karnataka Sho on 20 February, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2024:KHC:7165
CRL.P No. 806 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 806 OF 2024
BETWEEN:
SRI. T.G. SWAMY,
SON OF LATE C.N. GOPALA,
AGED ABOUT 46 YEARS,
WORKING AS DRIVER,
RESIDING AT HOUSE NO.224,
ANEMATHADA ROAD, AACHAARA BEEDHI,
CHIKKAPETE, BENGALURU - 572 102.
...PETITIONER
(BY SRI. FAYAZ SAB B G.,ADVOCATE)
AND:
THE STATE OF KARNATAKA S.H.O.,
RURAL POLICE STATION, BHADRAVATHI,
SHIVAMOGGA DISTRICT,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
Digitally signed
by V KRISHNA HIGH COURT OF KARNATAKA,
Location: High BENGALURU - 560 001.
Court of
Karnataka ...RESPONDENT
(BY SRI. RANGASWAMY.R, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
C.C.NO.208/2018 (CR.NO.195/2003) OF BHADRAVATHI P.S.,
SHIVAMOGGA FOR THE OFFENCE P/U/S 420, 511 R/W 34 OF IPC ON
THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND J.M.F.C
BHADRAVATHI SHIVAMOGGA DISTRICT REGISTRED BY RURAL P.S.
-2-
NC: 2024:KHC:7165
CRL.P No. 806 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Petitioner is seeking anticipatory bail in a split up
case pending on the file of the Principal Senior Civil Judge
and JMFC, Bhadravathi Shivamogga District in
C.C.No.208/2018.
2. Heard both the sides and perused the material
on record.
3. Crime No.195/2003 was registered at
Bhadravathi Rural Police Station for the offence punishable
under Sections 420, 511 read with Section 34 of IPC on a
complaint lodged by the police Sub-Inspector, against the
petitioner, the owner cum driver of lorry bearing
registration No.KA-27-504. It is alleged that the petitioner
is involved in illegally transporting the rice from the Food
Corporation, Bhadravathi, meant to be distributed to the
fair price shop.
NC: 2024:KHC:7165
4. The charge sheet came to be filed and
numbered as C.C.No.63/2016. Accused No.2 appeared
before the Trial Court whereas, the petitioner was not
secured and hence, a split charge sheet was filed in
C.C.No.208/2018. The case was sent to LPR and
registered as LPR No.3/2021. The petitioner was then
declared as a proclaimed offender. The evidence was
recorded in his absence under Section 299 of Cr.P.C.
5. The petition seeking anticipatory bail has been
rejected by the learned Sessions Judge on the ground
that, petitioner is a proclaimed offender and he is
absconding and therefore, he is not entitled for the benefit
of Section 438 of Cr.P.C.
6. The reasons assigned by the learned Sessions
Judge for rejecting the prayer seeking anticipatory bail
cannot be found fault with. However, it is submitted by
the learned counsel for petitioner that the respondent
Police have shown that the petitioner is a resident of
Bhadravathi but the petitioner is not a resident of
NC: 2024:KHC:7165
Bhadravathi, but he is a resident of Tumkur. A copy of the
Aadhar card is furnished at Annexure-D to the petition. It
is submitted that the petitioner was not served with any
summons and his non-appearance before the trial Court is
unintentional.
7. It cannot be said that the petitioner is totally
unaware of the criminal proceedings initiated against him.
According to the Police when they intercepted the lorry,
the accused ran away from the spot. They found 210 bags
of rice weighing 50 Kgs each in the said lorry. The rice
bags and the lorry were seized. After ascertaining the
particulars of the driver and the person who ran away
from the spot, case was registered.
8. In this case charge sheet was filed in the year
2016. Accused No.2 faced trial in C.C.No.63/2016. He has
been acquitted by the Court of Additional Senior Civil
Judge and JMFC at Bhadravathi vide judgment dated
03.12.2019. Since the petitioner has been declared as a
proclaimed offender, this Court is not inclined to grant
NC: 2024:KHC:7165
anticipatory bail to him. However, if the petitioner
appears before the learned Magistrate within a period of
15 days from today and files necessary application, the
learned Magistrate shall consider the said application on
the very same day and release the petitioner on bail by
imposing necessary conditions.
9. The petitioner shall appear before the trial
Court on every date of hearing failing which the bail shall
stand cancelled.
Petition is disposed of.
Sd/-
JUDGE
GJM,HB
CT: BHK
