Because by definition the going 3' out of the basepath is determined by the runners position and the base they are trying to get to, and a batter runner walking toward a dugout is not attempting to reach any base nor are they attempting to avoid a tag. And for that matter, no, the catcher does not have to chase after the batter runner, all they have to do is throw the ball to first base. You will not find any case play or clarification to support calling them out for being outside the basepath.
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