Accused in a split-up case involving abduction and repeated sexual assault of a 15-year-old girl sought anticipatory bail after being declared a proclaimed offender. The Court held that following State of Madhya Pradesh vs Pradeep Sharma, the petition under Section 438 Cr.P.C. could not be entertained and rejected it.
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NC: 2024:KHC-D:16217 CRL.P No. 101979 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 101979 OF 2024
BETWEEN:
SONU ALIAS MOHAMMADSONU S/O ISAQ ALIAS MOHAMMADISAK (REAL NAME - MD SAHNWAZ S/O. MD ISSAK) AGE. 35 YEARS OCC. COOLIE, R/O. TELGITOLA FAKIRMOHALLA, POORBHI RARRARI KHARIK BAZAR, KHARIK, DIST BHAGALAPUR, BIHAR - 853 202.
…PETITIONER
(BY SRI K.S. PATIL, ADV.)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. KISHILDRA PATIL, ADV.)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C., SEEKING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN THE EVENT OF ARREST BY GRANTING ANTICIPATORY BAIL IN S.C. NO.50/2023 (GADAG WOMEN P.S. CRIME NO.15/2022) CHARGE SHEETED FOR THE
NC: 2024:KHC-D:16217 CRL.P No. 101979 of 2024
OFFENCE PUNISHABLE U/S 363, 365, 366A, R/W 34 OF IPC AND SECTION 16 R/W 17 OF POCSO ACT, 2012 ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, GADAG.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
him were affixed on the door of his house. He, accordingly, prays to allow the petition.
this Court has rejected the regular bail application filed by accused No.3 in Crl.P.No.103593/2023. The allegation against petitioner and accused No.3 are identical. Petitioner is now before this Court seeking anticipatory bail.
petitioner was absconding in the present case and he did not even cooperate with police for the purpose of investigation. After the charge sheet was filed, split-up case was registered against him which is now pending in SC No.50/2023. Accused Nos.1 and 3 are being tried before the Trial Court in SC No.27/2023. In SC No.50/2023, the Trial Court has taken coercive steps to secure the presence of the petitioner/accused No.2 and he has been declared as proclaimed offender and steps are taken to bring his property for sale. Under the circumstances, in view of the judgment of the Hon'ble Supreme Court in the case of State of Madhya Pradesh vs. Pradeep Sharma (supra) , this petition filed under Section 438 of Cr.P.C. seeking anticipatory bail cannot be entertained. Having regard to the aforesaid aspects of the matter and also considering the seriousness of allegations found against the petitioner, I am of the opinion that his prayer for grant of anticipatory bail needs to be rejected. Accordingly, petition is dismissed.
SD/(S VISHWAJITH SHETTY) JUDGE
DN
1 issue framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. can be granted to a proclaimed offender absconding after charge sheet in a split-up POCSO/IPC case.
Colour shows how this judgement treated each authority
State of Madhya Pradesh vs. Pradeep SharmaFollowed¶39
(2014) 2 SCC 171 · Who else cites this
3 provisions across 3 enactments
Sonu alias Mohammadsonu s/o Isaq alias Mohammadisak (real name - Md Sahnwaz s/o. MD Issak)
The State of Karnataka by Police Inspector, Gadag Women Police Station
XXX
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
