Anticipatory Bail and Jurisdiction: Supreme Court Clarifies Legal Boundaries in Domestic Violence Case

The Supreme Court of India recently delivered a crucial judgment in Priya Indoria vs. State of Karnataka and Ors., addressing the issue of anticipatory bail jurisdiction in cases where an FIR is registered outside the territorial limits of the court granting bail. This judgment significantly impacts how courts interpret Section 438 of the Code of Criminal Procedure (CrPC) and the rights of individuals seeking protection against arrest.

The case revolves around a matrimonial dispute involving allegations of cruelty and domestic violence, leading to an FIR registered under Sections 498A, 406, and 323 of the Indian Penal Code (IPC). The complainant-wife, Priya Indoria, filed the FIR in Chirawa, Rajasthan, while the accused-husband and his family members sought and were granted anticipatory bail in Bengaluru, Karnataka. The complainant challenged this decision, arguing that anticipatory bail should have been sought in Rajasthan, where the FIR was lodged.

Background of the Case

The complainant-wife, Priya Indoria, married the accused-husband on December 11, 2020, and moved to Bengaluru. However, soon after marriage, she alleged that she was subjected to harassment, cruelty, and demands for dowry. Her father, despite being a heart patient, spent approximately Rs. 46,00,000 on the wedding, fulfilling dowry demands.

The accused-husband reportedly mistreated the complainant, threatening to divorce her and marry someone else. He also allegedly refused to consummate the marriage, claiming dissatisfaction. When the complainant sought help from her in-laws, they dismissed her concerns, stating that a husband had the right to discipline his wife.

Despite meeting certain dowry demands, including purchasing a scooter for Rs. 1,01,326, the complainant faced continued harassment, with additional demands for a car. Eventually, she was driven out of the matrimonial home in June 2021. When her father pleaded for her return, the accused-husband refused. Later, the complainant-wife was forced to return to Chirawa, Rajasthan.

On January 25, 2022, the complainant filed FIR No. 43/2022 at Chirawa Police Station under Sections 498A, 406, and 323 IPC. The accused-husband and his family members then sought anticipatory bail in Bengaluru instead of Rajasthan.

Arguments Presented

Petitioner’s Arguments

The complainant-wife argued that the Bengaluru court lacked territorial jurisdiction to grant anticipatory bail as the FIR was registered in Rajasthan.
She was denied an opportunity to contest the bail in Bengaluru since she was unaware of the proceedings initially.
The prosecutor from Rajasthan was not present during the bail hearing, leading to a one-sided argument.
The accused should have applied for anticipatory bail in Rajasthan, where the alleged offenses occurred.
The anticipatory bail order was passed without considering the serious allegations of domestic violence and dowry harassment.

Respondent’s Arguments

The accused-husband and his family contended that the FIR was filed with malicious intent to harass them and extract money.
They had a genuine fear of wrongful arrest and sought immediate protection.
Since they resided in Bengaluru, they believed it was appropriate to seek anticipatory bail there.
They alleged that the complainant’s father had influential contacts in Rajasthan, which could bias the investigation against them.
The accused-husband claimed that he was under constant pressure to pay Rs. 50,00,000 as a settlement, which he refused.

Key Legal Issues Considered

1. Jurisdiction for Granting Anticipatory Bail

The Supreme Court analyzed whether a High Court or Sessions Court can grant anticipatory bail for an FIR registered outside its territorial jurisdiction. The Court noted that Section 438 of the CrPC does not explicitly limit anticipatory bail to courts within the FIR’s jurisdiction. However, it emphasized that courts must consider territorial constraints to prevent forum shopping and ensure a fair trial.

2. Transit Anticipatory Bail

The Court distinguished between regular anticipatory bail and transit anticipatory bail. While anticipatory bail is generally granted by the court where the FIR is registered, transit anticipatory bail can be granted in exceptional circumstances where the accused is in another state and needs protection to approach the appropriate court.

3. Right to Fair Trial

The Supreme Court emphasized that both the accused and the complainant have the right to a fair hearing. The absence of the Rajasthan prosecutor in the Bengaluru court led to a procedural lapse, as the complainant could not oppose the anticipatory bail effectively.

Supreme Court’s Verdict

The Supreme Court ruled in favor of the complainant, setting aside the anticipatory bail granted by the Bengaluru court. However, to ensure fairness, the Court provided a four-week protection period, allowing the accused to approach the appropriate court in Rajasthan for anticipatory bail.

Key Takeaways from the Judgment

Anticipatory bail must be sought in the jurisdiction where the FIR is registered, except in exceptional cases requiring transit anticipatory bail.
Courts must ensure fair representation from both sides before granting bail.
Transit anticipatory bail is a temporary protection to allow the accused to approach the appropriate court.
Forum shopping should be discouraged, and cases must be heard where the alleged offense occurred.

This ruling reinforces the importance of jurisdiction in anticipatory bail matters while safeguarding individual liberty. It establishes clear boundaries on where anticipatory bail can be sought, ensuring that justice is served fairly and equitably.

Petitioner Name: Priya Indoria.
Respondent Name: State of Karnataka and Ors..
Judgment By: Justice Nagarathna, Justice Ujjal Bhuyan.
Place Of Incident: Chirawa, Rajasthan.
Judgment Date: 20-11-2023.

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