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Not entitled to the relief of anticipatory bail if declared as an absconder / proclaimed offender : Karnataka High Court

Initially, the petitioner was granted bail subject to the conditions. But the petitioner has not complied with the said conditions and the trial Court invoking Section 82 of CrPC, issued proclamation after noticing that the petitioner has absconded. Under such circumstances, the petitioner is not entitled to grant of anticipatory bail, Karnataka High Court held this in, Chandru v. State of Karnataka (Crl. Petition No. 6734 of 2020)

On 25.08.2012, the informant, who was working as Watcher in Social Forest Range, since five years found a dead body of unknown person with a rope tied to the neck. He also noticed that the dead body is of a lady and he suspected that she might have been killed by somebody and thrown the dead body to destroy the evidence of commission of the offence. On the basis of this information, FIR came to be registered and investigation was undertaken. It is stated that after due investigation, charge sheet was filed against all the four accused persons including the present petitioner.

The  counsel for the petitioner submits that he was earlier granted bail subject to the conditions. But he could not appear before the trial Court for various reasons. In the meantime, accused Nos. 1 and 2 have died and case against them was abated. The trial against accused No.3 was conducted and he was acquitted. Learned counsel further submitted that there are no material as against the present petitioner who has been arraigned as accused No.4. He is ready and willing to appear before the trial Court and hence, he prayed to allow the petition.

However, the counsel for respondent, claims that, Initially, the petitioner was granted bail subject to the conditions. But the petitioner has not complied with the said conditions and the trial Court invoking Section 82 of Cr.P.C., issued proclamation after noticing that the petitioner has absconded. Under such circumstances, the petitioner is not entitled to grant of anticipatory bail by this Court.

The court was of the view that, “Initially, the petitioner was granted bail subject to the conditions. But the petitioner has not complied with the said conditions and the trial Court invoking Section 82 of Cr.P.C., issued proclamation after noticing that the petitioner has absconded. Under such circumstances, the petitioner is not entitled to grant of anticipatory bail by this Court

And hence, the petition was dismissed.

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