Supreme Court of India

Priya Indoria v State of Karnataka

2023 INSC 100820231 min read
The case in brief30-second read
Facts
The Additional City Civil and Sessions Judge, Bengaluru, granted anticipatory bail (orders of 7 July 2022) to the husband and his family in FIR No. 43 of 2022 for offences under S.498A, S.406 and S.323 IPC, registered by the wife at Chirawa Police Station, District Jhunjhunu, Rajasthan. The orders were passed without notice to the wife or to the investigating officer in Rajasthan. The wife appealed.
Issue
Whether a High Court or Court of Session can grant anticipatory bail for an FIR registered outside its territorial jurisdiction.
Held
Considering the constitutional duty to protect life, personal liberty and dignity, a High Court or Court of Session may grant limited anticipatory bail, in the form of interim protection under S.438 CrPC, for an FIR registered outside its territorial jurisdiction, subject to conditions: notice to the investigating officer and public prosecutor seized of the FIR on the first date of hearing, though interim protection may be granted in an appropriate case; reasons recorded for the apprehended inter-State arrest and the effect on the investigation; no relief where a State amendment to S.438 in the jurisdiction of the FIR excludes the offence; and the applicant must show why he cannot approach the territorial court, such as an immediate threat to life or liberty, arbitrariness, or medical condition. The impugned orders, passed without notice to the complainant, were set aside, and no coercive steps were to be taken for four weeks to let the accused approach the courts in Rajasthan.
Principle
Limited transit anticipatory bail for an FIR in another State may be granted in exceptional cases.
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Facts

  • The Additional City Civil and Sessions Judge, Bengaluru, granted anticipatory bail (orders of 7 July 2022) to the husband and his family in FIR No. 43 of 2022 for offences under S.498A, S.406 and S.323 IPC, registered by the wife at Chirawa Police Station, District Jhunjhunu, Rajasthan. The orders were passed without notice to the wife or to the investigating officer in Rajasthan. The wife appealed.

Issue

  1. Whether a High Court or Court of Session can grant anticipatory bail for an FIR registered outside its territorial jurisdiction.

Held

  • Considering the constitutional duty to protect life, personal liberty and dignity, a High Court or Court of Session may grant limited anticipatory bail, in the form of interim protection under S.438 CrPC, for an FIR registered outside its territorial jurisdiction, subject to conditions: notice to the investigating officer and public prosecutor seized of the FIR on the first date of hearing, though interim protection may be granted in an appropriate case; reasons recorded for the apprehended inter-State arrest and the effect on the investigation; no relief where a State amendment to S.438 in the jurisdiction of the FIR excludes the offence; and the applicant must show why he cannot approach the territorial court, such as an immediate threat to life or liberty, arbitrariness, or medical condition. The impugned orders, passed without notice to the complainant, were set aside, and no coercive steps were to be taken for four weeks to let the accused approach the courts in Rajasthan.

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Citation

Priya Indoria v State of Karnataka 2023 INSC 1008

Reported: https://indiankanoon.org/doc/193828917/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.