Accused Can Be Granted Bail After Issuance Of Non-Bailable Warrant If His Absence During Summons Was Not Willful: Andhra Pradesh High Court

The criminal Petition was filed under Section 439 of the Code of Criminal Procedure to enlarge the Petitioner on bail.

The Petitioner was accused in a crime under Sections 498A and 307 of Indian Penal Code dealing with punishment for husband or relative of husband of a woman for subjecting her to cruelty and attempt to murder respectively. He was arrested and subsequently granted bail. He was directed to appear before the trial Court after receipt of summons after filing the charge sheet.

It appeared that summons were issued to the petitioner for his appearance but the petitioner did not turn up for trial. A non-bailable warrant was thus issued against him. The warrant could not be executed as the petitioner was not found at address given by him at the time of granting bail, proclamation was ordered under Section 82 CrPC. Thereafter, the warrant was executed and the petitioner was arrested and produced before the trial Court and remanded to judicial custody.

The counsel for petitioner submitted that at the time of arrest, the petitioner was residing in Anantapur and thereafter, he had shifted to Nellore. Therefore, the summons that were issued by the trial Court were not served on him and he had no knowledge about the dates given for his appearance and as such he could not appear before the trial Court.

The Additional Public Prosecutor opposed the Criminal Petition and submitted that the petitioner did not inform regarding change of address to the police to enable them to serve summons.

The court observed that it was not in dispute that summons was not served on petitioner as he had shifted his residence. On this account, the petitioner could not appear before the Court and his absence was not deliberate or willful. The petitioner also gave the undertaking that he would appear before the trial Court as and when directed.

Resultantly, the Criminal Petition was allowed and he was granted bail.

Case Title: Dommeti Chakradhar Versus The State of Andhra Pradesh

Citation: 2022 LiveLaw (AP) 43

Coram: Justice Cheekati Manavendranath Roy