ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.1 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.937/2016 of Rajagopal Nagar Police Station registered for offences punishable under Sections 399 and 402 of Indian Penal Code.
2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.
3. Learned counsel for petitioner would contend that, the petitioner who has been granted bail by this
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Court, in the said crime did not receive any summons or notice. The case against the petitioner has been split up and now NBW has been issued against him and he is apprehending his arrest. The petitioner is having wife and two children who are dependant on him. With these, he prayed to allow the petition.
4. Per contra, learned High Court Government Pleader would contend that, even though the petitioner was granted bail, he did not appear in the criminal case and therefore, the case against him has been split up. The Court has issued proclamation and it has been duly published. The petitioner is a rowdy sheeter and he is involved in eight criminal cases for offences under Section 380 of Indian Penal Code and other offences. The petitioner is a habitual offender and if the petitioner is granted anticipatory bail, he will abscond and threaten the prosecution witnesses and commit similar offences. As the petitioner is declared as a proclaimed offender, he is not
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entitled for grant of anticipatory bail. With these, he prayed for dismissal of the petition.
5. Having heard the learned counsel appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record.
6. The petitioner is arraigned as accused No.1 in Crime No.937/2016 of Rajagopalanagara Police Station registered for the offences punishable under Sections 399 and 402 of Indian Penal Code. Charge sheet has been filed against the petitioner for the said offences. The petitioner has been granted bail by this Court in Criminal Petition No.9676/2016 vide order dated 12.01.2017. The petitioner thereafter did not appear in criminal case registered against him. The learned Sessions Judge while passing the order in anticipatory bail petition at paragraph 11 has observed that, the petitioner has failed to appear and has issued proclamation under Section 83 of Code of Criminal Procedure and the said proclamation has been duly published on 14.09.2023. At paragraph 12, the
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learned Sessions Judge placing reliance on the judgment of Hon'ble Apex Court in case of STATE OF MADHYA PRADESH VS. PRADEEP SHARMA reported in (2014) 2 SCC 171 has held that as the petitioner is a proclaimed offender in terms of Section 82 of Code of Criminal Procedure, he is not entitled for grant of anticipatory bail. On the same point, the learned Sessions Judge has placed reliance on the judgment of Hon'ble Apex Court in the case of STATE OF HARYANA VS. DHARMRAJ reported in
(2023)17 SCC 510 and has held that, as the petitioner is a proclaimed offender, he is not entitled for grant of anticipatory bail. Moresoever, the petitioner is stated to be rowdy sheeter involved in eight criminal cases for offence under Section 380 of Indian Penal Code and other offences. Considering the said facts, it is clear that, the petitioner is a habitual offender.
7. Considering all the above said aspects, the petitioner has not made out a case for grant of
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anticipatory bail. In the result, this Criminal Petition is
dismissed.
8. The petitioner is directed to surrender before the Jurisdictional Court.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 16