The UK-based businessman was declared an absconder; court rules that an accused who evades law cannot ordinarily seek anticipatory bail
The Bombay High Court has rejected the anticipatory bail plea of Praveen Kadam, a UK-based businessman, accused of raping a woman under the false promise of marriage despite already being married. The court observed that since Kadam had been declared an absconder and a proclamation was issued against him, he could not be granted anticipatory bail, reported timesofindia.indiatimes.com.
Justice Madhav J. Jamdar, while hearing Kadam’s plea, noted that “an absconding accused cannot ordinarily claim anticipatory bail.” The judge cited multiple Supreme Court rulings to support the decision, including Lavesh vs State, Abhishek vs State of Maharashtra, and State of Haryana vs Dharamraj, reiterating that anticipatory bail is an extraordinary remedy and should not be extended to those who evade legal proceedings.
Absconding NRI accused of repeated sexual assault under false promise of marriage
According to the prosecution, the complainant, a resident of Andheri, lodged an FIR against Kadam at the Lonavala City Police Station. She alleged that between September 4 and 20, 2024, the accused repeatedly forced sexual and unnatural relations with her at a Lonavala hotel and later in Pahalgam, while promising to marry her and concealing his marital status.
Kadam and his friend were booked under Sections 69, 318(4), 3(5), and 316(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 66(E) of the Information Technology Act, 2000. The FIR also alleged that Kadam and his brother Hrishikesh Kadam cheated the complainant and made her bear legal expenses under false assurances of repayment.
During the hearing, Advocates Mahesh Vaswani, Shreya Tiwari, and Mikdad Zummerwala appeared on behalf of the complainant, opposing Kadam’s plea. Advocate Tiwari told the court, “Kadam did not even return to India for his father’s funeral, which took place on the same day the FIR was registered against him.”
Court reinforces principle: absconders cannot seek legal protection through anticipatory bail.
The court emphasized that granting anticipatory bail to an absconder would set a wrong precedent, undermining the integrity of the criminal justice system. The Lonavala Police continue to investigate the case, while Kadam remains abroad.
The decision highlights the judiciary’s stance that those evading arrest or ignoring court orders cannot seek protection from arrest, especially in cases involving serious sexual offences.
