The Karnataka High Court has said that apprehension of arrest is always there when police issue notice under section 41-A of Criminal Procedure Code and the courts cannot evade to entertain the plea seeking anticipatory bail.
The court made this observation while granting bail to an individual who moved a plea for anticipatory bail after being issued notice in a forest offence case.
The petition was moved by one Ramappa alias Ramesh, a resident of Jamakhandi taluk in Bagalkot district.
He was served with a notice under section 41-A of CrPC from Range Forest Officer, Banahatti, to appear for enquiry with regard to offences under sections 80, 84, 86 and 87 of Karnataka Forest Act, 1963 and section 379 of IPC, following the seizure of motorcycle and two sandalwood billets.
Justice Shivashankar Amarannanavar noted that in the case on hand, the investigation is still in progress and the offences alleged are punishable with imprisonment for 10 years.
"Therefore, there is an apprehension of arrest of the petitioner since the Investigating Officer may collect evidence and record reasons against the petitioner and may arrest him. More so, the petitioner has not complied with the notice issued under Section 41A. Therefore, the petitioner is entitled for grant of anticipatory bail with conditions," the court said.
The court has directed the petitioner to execute a personal bond for Rs one lakh with a surety and asked him to voluntarily appear before the investigating officer within 15 days.