Case Note & Summary
The petitioner, Vipin Nandan Varrier, was accused of offences under Sections 494, 506, and 498A of the Indian Penal Code, 1860, at the instance of his divorced wife, in Crime No.667/2014 registered by Hebbagodi Police, Bangalore Rural District. He approached the III Additional District and Sessions Judge, Bangalore Rural District, seeking anticipatory bail. The Sessions Court granted anticipatory bail but imposed a condition that in the event of his arrest and release by the Investigating Officer, the petitioner shall surrender before the jurisdictional Magistrate and obtain regular bail. Aggrieved by this condition, the petitioner filed the present petition under Section 439(1)(B) of the Code of Criminal Procedure, 1973, seeking relaxation of that condition. The High Court observed that this was not the first instance of lower courts imposing such a condition despite clear guidelines laid down by the Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011)1 SCC 694. The High Court restated the law that anticipatory bail under Section 438 CrPC is not limited in duration and cannot be subjected to a condition requiring the accused to surrender for regular bail. Such a condition defeats the very purpose of anticipatory bail. The High Court allowed the petition, set aside the impugned condition, and directed that the anticipatory bail granted by the Sessions Court shall be treated as regular bail until the conclusion of the trial, subject to the other conditions imposed by the Sessions Court.
Headnote
A) Criminal Procedure - Anticipatory Bail - Condition to Surrender for Regular Bail - Section 438 Code of Criminal Procedure, 1973 - The Sessions Court granted anticipatory bail but imposed a condition that the petitioner shall surrender before the jurisdictional Magistrate and obtain regular bail. The High Court held that such a condition is contrary to the law laid down by the Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011)1 SCC 694, which clarified that anticipatory bail is not limited in duration and cannot be subjected to such a condition. The condition was set aside. (Paras 3-5) B) Criminal Procedure - Anticipatory Bail - Duration and Scope - Section 438 Code of Criminal Procedure, 1973 - The High Court restated the law that anticipatory bail granted under Section 438 CrPC is not restricted to a limited period and the court cannot impose a condition that the accused must surrender for regular bail after being released on anticipatory bail. Such a condition defeats the purpose of anticipatory bail. (Paras 3-5)
Issue of Consideration
Whether the condition imposed by the Sessions Court while granting anticipatory bail, requiring the petitioner to surrender before the jurisdictional Magistrate and obtain regular bail, is valid in law.
Final Decision
The petition is allowed. The impugned condition No.4 in the order dated 18.11.2014 passed in Crl.Misc.No.5418/2014 by the III Additional District and Sessions Judge, Bangalore Rural District, is set aside. The anticipatory bail granted by the Sessions Court shall be treated as regular bail until the conclusion of the trial, subject to the other conditions imposed by the Sessions Court.
Law Points
- Anticipatory bail under Section 438 CrPC is not limited in duration
- condition to surrender for regular bail after grant of anticipatory bail is illegal
- Siddharam Satlingappa Mhetre v. State of Maharashtra
- (2011)1 SCC 694 followed
