A person declared as an absconder/proclaimed offender in terms of Section 82 of the Code is not entitled to the relief of anticipatory bail under Section 438 of Cr.P.C.

JUDGMENT

B.A. Patil, J. - This petition has been filed by the petitioneraccused under Section 438 of Cr.P.C., to enlarge him on anticipatory bail in Crime No.24/2011 registered by Jayanagar Police Station, Bengaluru (pending on the file of II ACMM, Bengaluru) for the offence punishable under Section 384 of IPC.

2. I have heard the learned counsel Sri Chandraiah for the petitioner-accused by virtual hearing and the learned High Court Government Pleader Sri Mahesh Shetty for the respondent State.

3. The gist of the complaint is that on 24.10.2011 at about 1.30 p.m. when the complainant was standing in bus stop near cool point, 4th block of Jayanagar, at that time unknown persons threatened the complainant and took him near the Thilaknagar Medicare Hospital and snatched his 22 grams golden chain and escaped from that place. On the basis of the complaint, a case has been registered.

4. It is the submission of the learned counsel for petitioner-accused that other accused persons have been already enlarged on bail. On the ground of parity the petitioner-accused is also entitled to be released on bail. It is his further submission that he was not aware of the fact of pending of the case and as such, he did not appear before the Court. It is his further submission that he is ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and to release petitioner-accused on bail.

5. Per contra, the learned HCGP vehemently argued and submitted that the case has been registered as against the petitioner-accused in the year 2011 and the alleged incident has taken place on 24.10.2011. After investigation the charge sheet has been filed and the petitioner is absconding from the date of registration of the crime. The learned Magistrae has issued proclamation and NBW as against the petitioneraccused. It is his further submission that one proclamation has been issued as against the petitioneraccused that he is not entitled to be released on anticipatory bail. In that light, he has relied upon the decision reported in AIR 2014 SC 626 in the case of State of Madhya Pradesh V/s Pradeep Sharma.

6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.

7. Though it is contended by the learned counsel for the petitioner-accused that he was not aware of the pendency of the case and after coming to know that he has immediately filed the bail application. But the records indicates that the learned Magistrate has issued proclamation and NBW as against the petitioner-accused and as held by the Hon ble Apex Curt in the case of State of Madhya Pradesh (quoted supra) at para Nos.12 and 13 which has been observed as under;

12. Recently, in Lavesh V. Stae (NCT of Delhi), (2012) 8 SCC 730 , this Court, (of which both of us wee parties) considered the scope of granting relief under Section 438 via-a-vis to a person who was declared as an absconder or proclaimed offender in terms of Section 82 of the Code. In para 12, this Court 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 .

It is clear from the above decision that if anyone is declared as an absconder/proclaimed offender in terms of Section 82 of the Code, he is not entitled to the relief of anticipatory bail. In the case on hand, a perusal of the materials i.e., confessional statements of Sanjay Namd