Plea For Anticipatory Bail Maintainable Even After Section 41A CRPC Notice Issued By Police: Karnataka HC

BACKGROUND

• Forest officials registered a case against an unknown accused person under the Karnataka Forest Act of 1963, Rules 144 and 145 of Karnataka Forest Rules, and Section 379 of IPC.
• The investigating officer issued a notice under Section 41A of IPC calling upon the accused (petitioner) to present himself before him.
• The accused filed for anticipatory bail under Section 438 of CrPC as he had apprehension to get arrested if he presents himself before I.O.
• The bail application was rejected by Addl. District and Sessions Judge, Bagalkot and therefore the petitioner applied for anticipatory bail at Karnataka High Court.

ARGUMENTS MADE

• The petitioner’s counsel stated that if the police officer has to arrest the accused, he should record the reasons for the same u/s 41A, IPC.
• The prosecution opposed the plea by saying that there is no apprehension of the arrest.
• He also argued that arrest is not required as the I.O. officer has issued the notice for the appearance of petitioner and petition seeking anticipatory bail is not maintainable.

OBSERVATION OF THE COURT

• The court observed that apprehension of arrest exists even after the notice of appearance is issued under Section 41 of CrPC.
• I.O may collect evidence during the investigation and may proceed with the arrest giving reasons for the same.
• Therefore, there is the apprehension of arrest and the petition to apply for anticipatory bail is maintainable.

ORDER

• A Single Bench of Justices Shivashankar Amarannavar allowed the petition and granted anticipatory bail to the petitioner with a personal bond of a sum of Rs.1,00,000,
• The court also ordered the petitioner to appear before the investigating officer and cooperate with the investigation as and when required.

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