IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE HON' BLE MRS. JUSTICE RATHNAKALA CRL.P.No.6682/2017 BETWEEN:
ABDUL SAMAD S/O IBRAHIM AGED ABOUT 50 YEARS R/AT 2ND CROSS, MARNAMIBYLU, SHIVAMOGGA-577201. ... PETITIONER (BY SRI MUZAFFAR AHMED, ADV.) AND:
STATE BY RIPPEN PETE POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU-560001. ... RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP.) THIS CRL.P. FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.66/2002 OF RIPPEN PETE POLICE STATION, SHIVAMOGGA AND IN C.C.NO.792/2006 PENDING ON THE FILE OF CIVIL JUDGE (JR.DN.) AND J.M.F.C., HOSANAGARA FOR THE OFFENCE P/U/S 379 OF IPC AND SECTIONS 86 AND 87 OF KARNATAKA FOREST ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is arraigned as accused in the split up charge sheet submitted by the respondent-police in respect of the offence under Section 379 of IPC r/w Section 86 and 87 of the Karnataka Forest Act.
2. Learned counsel for the petitioner submits that main case has ended in acquittal of the accused; the petitioner is a permanent resident of the address mentioned in the cause title and at no point of time he was served with the summons from the Court; and if anticipatory bail is granted he will surrender before the Court and participate in the proceedings.
3. In view of the Judgment of the Hon’ble Apex Court in the case of State of Madhya Pradesh –v- Pradeep Sharma reported in (2014) 2 SCC 171, the absconding accused is not entitled for anticipatory bail. In that view of the matter, the petition is rejected. However, in the event the petitioner serves advance copy of the bail petition to the concerned Public Prosecutor, surrenders himself and moves bail application before the concerned Court, the Court shall consider the application in accordance with law, as expeditiously as possible in the light of his contentions.
Sd/- JUDGE ln.