IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL 2017 BEFORE THE HON'BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.3112/2017 BETWEEN:
ANAND R JAIN @ ANAND MEHTA S/O RANGARAJ JAIN AGED ABOUT 44 YEARS R/AT NO.977, ASHODARA APARTMENTS 2ND MAIN, 4TH BLOCK RAJAJINAGAR BANGALORE-560 010 (BY SRI GOPAL SINGH, ADV.) AND ... PETITIONER THE STATE OF KARNATAKA SUBRAMANYANAGAR POLICE STATION BANGALORE-560 010 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE (BY SRI.B.J.ESHWARAPPA, HCGP) ... RESPONDENT CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.154/2016 (C.C.NO.4042/2017) OF SUBRAMANYANAGAR P.S., BANGALORE FOR THE OFFENCE P/U/S 306 R/W 34 OSF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner/accused No.2 along with accused No.1 is charge sheeted by the respondent-Police in Crime No.154/2016 in respect of offence punishable under Section 306 read with 34 of IPC. The case is registered on the death of one B.N.Suresh, who committed suicide by consuming poison. The basis for registration of complaint is death note left behind by the deceased.
3. Accused No.1 has been granted anticipatory bail by this Court in Crl.P.5935/2016 on 27.9.2016.
During the crime stage, this petitioner who had also filed bail petition under Section 438 of Cr.P.C. in Crl.P.9634/2016 withdrew the same with leave to revive the prayer subsequently. No valid reasons is assigned by this petitioner to revive his prayer.
4. At the time of filing of charge sheet, the petitioner is shown as absconding accused. In view of the judgment of the Hon’ble Apex Court in the case of State of Madhya Pradesh v. Pradeep Sharma [(2014) 2 SCC 171] and in the case of Vilas Panduranga Pawar v. State of Maharashtra and Others [(2012) 8 SCC 795], absconding accused is not entitled for discretionary relief under section 438 of Cr.P.C.
5. Accordingly, the petition is rejected. If the petitioner serves advance copy of the bail application to the Public Prosecutor, surrenders before the concerned court and moves for regular bail, his application shall be considered in accordance with law as expeditiously as possible.
Sd/- JUDGE DM