The main legal point established in the judgment is the importance of careful scrutiny and application of mind before issuing non-bailable warrants, considering the precious right of personal liberty guaranteed under the Constitution.

JUDGMENT

Suraj Govindaraj, J. - The petitioner is before this Court aggrieved by the order dated 20.09.2019 and 09.03.2020 directing to issue NBW to the petitioner who is accused No.9 in C.C.No.7559/2019 on the file of IV ACMM, Bengaluru for the alleged offences 3 WP.No.11781/2020 punishable under Sections 120(B), 201, 406, 408, 409, 420, 465, 467, 468, 471, 477(A), 506 read with Section 34 of IPC.

2. The said NBW was re-issued on 31.10.2019. However, the same could not be served. Hence, once again on 09.03.2020, NBW was issued with a proclamation that accused No.9 therein and the petitioner herein was absconding. Being aggrieved by the same, the petitioner is before this Court.

3. Sri Gowtham Bharadwaj, learned counsel appearing for Sri Suyog Herele E., learned counsel for the petitioner submits that the Magistrate ought not to have issued NBW at the first instance since the additional charge sheet in terms of which accused No.9 was brought on record was filed on 19.09.2019 and the next date was 04.10.2019. In this regard, he relied upon the decision of the Apex Court in

3.1. Inder Mohan Goswami and another versus State of Uttaranchal and others, (2007) 12 SCC 1 more particularly at paragraphs 53 and 54 thereof reads as under:

53. Non-bailable warrant should be issued to bring a person to court when summons or bailable warrants would be unlikely to have the desired result. This could be when:

it is reasonable to believe that the person will not voluntarily appear in court; or

the police authorities are unable to find the person to serve him with a summon; or

it is considered that the person could harm someone if not placed into custody immediately.

54. As far as possible, if the court is of the opinion that a summon will suffice in getting the appearance of the accused in the court, the summon or the bailable warrants should be preferred. The warrants either bailable or non-bailable should never be issued without proper scrutiny of facts and complete application of mind, due to the extremely serious consequences and ramifications which ensue on issuance of warrants. The court must very carefully examine whether the criminal complaint or FIR has not been filed with an oblique motive.

3.2. Vikas versus State of Rajasthan, (2014) 3 SCC 321 paragraph 14 reads as under:

14. The issuance of non-bailable warrant in the first instance without using the other tools of summons and bailable warrant to secure attendance of such a person would impair the personal liberty guaranteed to every citizen under the Constitution. This position is settled in Inder Mohan Goswami and in Raghuvansh Dewanchand Bhasin v. State of Maharashtra wherein it has been observed that: (Inder Mohan Goswami case, SCC p.17, paras 50-51)

Personal liberty and the interest of the State

50. Civilized countries is the most precious of all the human rights. The American Declaration of Independence, 1776, the French Declaration of the Rights of Men and the Citizen, 1789, the Universal Declaration of Human Rights and the International Covenant of Civil and Political Rights, 1966 all speak with one voice liberty is the natural and inalienable right of every human being. Similarly, Article 21 of our Constitution proclaims that no one shall be deprived of his liberty except in accordance with the procedure prescribed by law.

51. The issuance of nonbailable warrants involves interference with personal liberty. Arrest and imprisonment means deprivation of the most precious right of an individual. Therefore, [this demands that] the courts have to be extremely careful before issuing nonbailable warrants.

3.3. Prashanth V.Boccassam vs. Ramendar Nanjangud in Criminal Petition No.5122/2014 paragraph 6 reads as under:

6. In view of the above decision, it is very much clear that even in non-bailable offence cases, at the initial stages, the Court has to issue summons and if there is a necessity to issue NBW, then only, the Court to have recourse for issuing of such NBW. The Court has