This petition is filed by the petitioner/Accused under

Section 438 of Cr.P.C. seeking anticipatory bail arising

out of Crime No.413/2016 in C.C.No.670/2018 registered

by Shivamogga Rural Police Station, pending on the file

of JMFC III Court in Shivamogga, for the offences

punishable under Section 420 of IPC.

2.

Heard the arguments advanced by the learned

counsel for the petitioner and learned HCGP for

respondent-State and perused the material on record.

3.

The brief factual matrix leading to the case are

that the complainant is said to be the wife of the present

petitioner/accused and married in the year 2010.

subsequently, the present petitioner along with one

Arshad pursued the complainant to pay Rs.3,00,000/- to

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the accused with a promise that he is going to start a

business in Tumakuru and she was also pursued to give

her gold ornaments. Subsequently, accused did not

respond after going to Tumakuru and hence she lodged a

complaint making allegations of cheating.

4.

Initially crime was registered in Bhadravathi

Police Station and subsequently it was transferred to

Shivamogga Rural Police Station. The Investigating

Officer after investigating the crime has submitted charge

sheet against the present petitioner under Section 420 of

IPC. The petitioner was all along absconding and all

efforts to secure his presence went in vain. In charge

sheet also he is shown to be absconding while the other

accused Arshad referred in the F.I.R. was not sent for

trial.

The

charge

sheet

was

registered

in

C.C.No.670/2018 and warrant came to be issued and

warrant remained unexecuted all along. The learned

Magistrate was compelled to record the evidence of

material witnesses under Section 299 of Cr.P.C. to enable

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the Court to register the case in LPR. Meanwhile in 2022

petitioner has filed this petition.

5.

Learned counsel for petitioner contended that

petitioner met with an accident and he is hospitalized and

he also contended that offences are exclusively triable by

Magistrate and undertakes to abide by the terms and

conditions to be imposed by this Court. He also invites

the

attention

of

this

Court

towards

inconsistent

statements given by the complainant before the Court

while recording the evidence.

6.

Learned HCGP for respondent-State opposed

the

bail

petition

and

contends

that

petitioner

is

absconding all along and as such he prays for rejection of

the bail petition.

7.

Having heard the arguments and perused the

records, it is evident that initially F.I.R. was lodged

against the present petitioner for the offences punishable

under Sections 406, 417, 420 read with Section 34 of

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IPC. Subsequently, charge sheet was submitted under

Section 420 of IPC alone. The Charge sheet was

submitted on 26.07.2018 and it was registered in

C.C.No.670/2018. But however, records disclose that

petitioner was all along absconding for four years and the

warrant remain unexecuted. Hence, learned Magistrate

was compelled to record the evidence of material

witnesses under Section 299 of Cr.P.C.. The evidence

was recorded under Section 299 of Cr.P.C. on 24.10.2019

and also on 10.12.2019. It appears that matter has been

sent for LPR and since warrant is issued against the

present petitioner now he is coming before this Court.

8.

The conduct of the petitioner disclose that

since last six years he is all along absconding. The

evidence under Section 299 of Cr.P.C. was recorded and

endorsement on the F.I.R. disclose after obtaining the

permission of Principal District and Sessions Judge, LPR

was registered in 4/2020. This fact was also concealed.

All the material aspects have been concealed by the

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petitioner. The matter in now registered in LPR and

petitioner is absconding since long time. Considering his

conduct he does not deserve any leniency so as to seek

anticipatory bail. Hence, petition is devoid of merits and

does not survive for consideration. His remedy is to

surrender before the learned Magistrate so as to re-open

the original ca