High Court of Karnataka dismissed a criminal petition for anticipatory bail under Section 438 Cr.P.C., holding that the law precludes such relief for a petitioner who is a proclaimed offender and has absconded.
Petition for anticipatory bail dismissed as petitioner is disqualified being a proclaimed offender.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO. 237 OF 2024
BETWEEN:
SRI. T.R. MUNIRAJU, SON OF RAMASWAMY, AGED ABOUT 38 YEARS, RESIDING AT NO.28, VISHWANATH AND INDIRANI BUILDING, BASVARAJU LAYOUT, JARAGANAHALLI, J.P NAGAR 6TH STAGE, KANAKAPURA ROAD, BENGALURU - 560 078.
…PETITIONER
(BY SMT. MEENAKSHI M, ADVOCATE)
AND:
Digitally signed by SOWMYA D Location: High Court of Karnataka
THE STATE OF KARNATAKA, REPRESENTED BY BASAVANAGUDI ROAD POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE.
…RESPONDENT
(BY SRI. B. LAKSHMANA, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST FOR THE ALLEGED OFFENCES P/U/S 468, 471, 419, 420 R/W 34 OF IPC, IN C.C.NO.19499/2012 (CRIME NO.286/2010) WHICH IS PENDING ON THE FILE OF THE
XXXVII ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 438 of Cr.P.C. seeking anticipatory bail in the event of his arrest in C.C.No.19499/2012 arising out of Crime No.286/2010 of Basavanagudi Police Station, Bengaluru, for the offences punishable under Sections 468, 471, 419, 420, read with Section 34 of IPC, pending on the file of XXXVII Additional CMM Court at Bengaluru,
anticipatory bail and his bail petition was rejected. Hence, the petitioner is before this Court.
Hence, the petition being devoid of any merits does not survive for consideration and accordingly, the petition stands
dismissed.
Sd/JUDGE
URN List No.: 1 Sl No.: 35 CT: BHK
1 issue framed by the court
Whether anticipatory bail can be granted to a petitioner who is already a proclaimed offender and has absconded.
Colour shows how this judgement treated each authority
Lavesh Vs. State (NCT of Delhi)Explained¶25
Lavesh Vs. State (NCT of Delhi) [(2012) 8 SCC 730] in Crl.A.No.1331/2012 Dated 31.08.2012 · Who else cites this
2 provisions across 2 enactments
Sri. T.R. Muniraju
The State of Karnataka
Rajendra Badamikar
As recorded by the court registry
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