The Karnataka High Court has denied anticipatory bail to the accused in a 17-year-old excise case. The case relates to an offence committed in December 2007 under the Karnataka Excise Act, 1965.
Rajesh, the second accused in the case, had been absconding while the first accused was apprehended, tried, and acquitted.
The petitioner was represented by Allah Bakash M and K. Rahul Paid, High Court Government Pleader appeared for the respondent- State.
The SIngle Bench noted that, “Petitioner being accused No.2 is seeking grant of anticipatory bail on the apprehension of being arrested. The facts narrated by learned counsel for the petitioner discloses that the offence was committed on 30.12.2007. Accused No.1 was apprehended, tried and acquitted. But this petitioner was absconding. However, he filed similar petition seeking anticipatory bail during 2019. Same was allowed and conditional anticipatory bail was granted”
It was further observed that, In spite of that, the conditions were not complied with. Now the petitioner has approached this Court again with similar prayer for grant of anticipatory bail. The offence was committed about 17 years back. The conduct of the petitioner in remaining absent for such a long period and non-compliance of the conditions imposed when anticipatory bail was granted at the first instance, disentitles him from seeking anticipatory bail.
Rajesh filed for anticipatory bail in 2019, which was granted with certain conditions. However, the court found that Rajesh did not comply with these conditions.
In his recent petition, the accused has sought anticipatory bail again, fearing arrest. However, the SIngle Bench of Justice M G Uma, dismissed the petition pointing to the long absence of the accused from the case and his failure to comply with previous bail conditions.
The Karnataka High Court noted the seriousness of the charges and Rajesh’s conduct after getting the anticipatory bail earlier in the case, while dismissing the bail plea.
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