HC denies bail to 2 who went absconding for 20 years after crime

NT Correspondent

Bengaluru: Eight persons allegedly involved in the smuggling of sandalwood billets approached the High Court seeking anticipatory bail.

To the court’s surprise, it was revealed that the case against them was filed in 1993 and they were absconding all these years. “The conduct of the petitioners in remaining absent for decades together cannot be encouraged by granting anticipatory bail at this stage,” Justice MG Uma said, dismissing their criminal petition.

The petition for anticipatory bail was filed by Ibrahim Khan, Nadir Ayub Khan, Shabbir Khan, Khaleemulla Khan, Muchi Khan, Noorulla Khan, Aslam and Shafie, all residents of Anekal, Bengaluru Urban District. They are among accused in a case filed in the Dabaspet Police Station in 1993 and charged under the Indian Penal Code and various sections of the Karnataka Forest Act.

Before the HC, their advocate argued that initially the FIR was filed only against three other persons. These eight accused were arraigned when the charge-sheet was filed. The court was told that it was only recently that they came to know about the registration of the case against them.

However, the Trial Court rejected their bail petition forcing them to approach the HC. “Since the offence in question is said to be of the year 1993, no purpose would be served by taking the petitioners into custody and investigating the matter,” it was submitted.

The government advocate opposed the bail plea arguing that: “Even though they are not named in the first information report, during the investigation it was revealed that these petitioners are involved in the commission of offences. The charge-sheet was filed during March 1995. Till date, the petitioners are absconding.

They were proclaimed to be offenders and proceedings under sections 82 and 83 of Criminal Procedure Code were initiated during the year 2008. Even then the petitioners could not be arrested. Looking at the nature and seriousness of the offence and also the conduct of the petitioners, the petitioners are not entitled to be granted anticipatory bail.”

Three persons transporting huge quantities of sandalwood billets towards Delhi were arrested in 1993. During investigation, they revealed the name of the eight as being involved in the illegal trade. The HC dismissed the petition rejecting their plea for anticipatory bail.