Anticipatory bail. Even where a prima facie case is established, approach of the Court is not that the accused should be detained by way of punishment, but whether the presence of the accused would be readily available for trial or that he is likely to abuse the discretion granted in his favour. Absconding of accused is also not a reason to deny bail. Karnataka High Court.

Rakesh Shetty vs State of Karnataka and another. Criminal Petition 5445/2020 decided on 18 November 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348785/1/CRLP5445-20-18-11-2020.pdf

Relevant Paragraphs: While considering the bail application, the parameters which have to be considered has been stated in  the  case  of  Siddharam  Satlingappa  Mhetre  Vs. State of Maharashtra and others  (cited  supra) have  to be kept in view. Keeping in view the said ratio laid down, on perusal of the factual matrix on hand, it indicates that while commission of the offences which have  been alleged, the complainant has also joined his hands and subsequently he came up with a complaint, that is a matter which has to be considered  and  appreciated during the course of trial. The only consideration which has to be looked into for the purpose of granting or refusing bail is whether the accused would be readily available for trial and whether he is likely to abuse the discretion granted in his favour by tampering with evidence. If there is no prima facie case, there is no question of considering other circumstances. Even where a prima facie case is established, the approach of the Court in the matter of bail is not that the accused should be detained by way of punishment, but whether the presence of the accused would be readily available for trial or that he is likely to abuse the discretion granted in his favour. This proposition of law has been laid down by the Hon’ble Apex Court in the case of Bhagirathsinh Judeja Vs. State of Gujarat,  reported  in  1984  AIR(SC) 372.

18. In catena of decisions, even in Constitutional Bench law relating to grant of anticipatory bail has been discussed and emphasized that the provisions of anticipatory bail enshrined in Section 438 of Cr.P.C. is conceptualized under Article 21 of the Constitution of  India which relates to personal liberty and it shall  be given a liberal interpretation. This aspect has also been upheld by the Hon’ble Apex Court in the case  of  Bhadresh Bipinbhai Sheth Vs.  State  of  Gujarat  & another