Case Note & Summary
The petitioner, Mr. Dhahir @ Syed, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with a case pending before the Judicial Magistrate First Class, Thiruvellore, Tamil Nadu, in C.C.No.376/2011. The case involved offences under Sections 409, 414, 477A read with Section 34 of the Indian Penal Code, 1860. A non-bailable warrant had been issued against the petitioner and other accused, who were said to be public servants. The petitioner contended that he was not a public servant and that the offences were remote. He also cited his recent open heart surgery as a ground for hardship. The learned Government Pleader objected on the ground that the High Court of Karnataka lacked territorial jurisdiction since the case was pending in Tamil Nadu. However, the petitioner's counsel relied on the decision in L.R.Naidu v. State of Karnataka, 1984 Cri.LJ 475, where a similar situation was addressed. The court, after hearing both sides, held that it had jurisdiction to grant anticipatory bail as the petitioner was within its territorial limits and the arrest could be effected in Karnataka. The court granted anticipatory bail to the petitioner, directing that in the event of his arrest, he be released on bail on executing a bond for Rs.50,000 with two sureties, and subject to other conditions. The petition was allowed.
Headnote
A) Criminal Procedure - Anticipatory Bail - Territorial Jurisdiction - Section 438 Code of Criminal Procedure, 1973 - The court considered whether it could grant anticipatory bail when the case was pending in Tamil Nadu but the petitioner apprehended arrest in Karnataka. The court held that it had jurisdiction as the petitioner was within its territorial limits and the arrest could be effected in Karnataka. The court granted anticipatory bail subject to conditions, relying on L.R.Naidu v. State of Karnataka, 1984 Cri.LJ 475. (Paras 2-5)
Issue of Consideration
Whether the High Court of Karnataka has jurisdiction to grant anticipatory bail under Section 438 CrPC when the case is pending before a court in Tamil Nadu and the petitioner apprehends arrest by police in Karnataka?
Final Decision
The petition is allowed. The petitioner is granted anticipatory bail. In the event of his arrest, he shall be released on bail on executing a bond for Rs.50,000 with two sureties to the satisfaction of the arresting officer. The petitioner shall appear before the trial court in Tamil Nadu as and when required and shall not tamper with evidence or influence witnesses.
Law Points
- Anticipatory bail
- Territorial jurisdiction
- Section 438 CrPC
- Non-bailable warrant
- Criminal breach of trust
- Public servant
Case Details
2013 LawText (KAR) (05) 3
Criminal Petition No.809 of 2013
Shaikh Saoud (for petitioner), Satish R Girji (Government Pleader for respondents)
Mr. Dhahir @ Syed @ Syed Abdehir @ Tahir @ Syed Abthahir
The C.B.C.I.D. Changai, M.G.R. East District Police, C.B.C.I.D. Metro, Chennai (Tamil Nadu) and The State of Karnataka by Jainagar, 4th Block Police through State Public Prosecutor, High Court, Bangalore
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Nature of Litigation
Criminal petition for anticipatory bail under Section 438 CrPC
Remedy Sought
Petitioner sought anticipatory bail to avoid arrest in connection with a pending case in Tamil Nadu
Filing Reason
Petitioner apprehended arrest by respondent police in Karnataka for offences under IPC Sections 409, 414, 477A read with 34
Previous Decisions
Non-bailable warrant issued against petitioner and other accused in C.C.No.376/2011 pending before Judicial Magistrate First Class, Thiruvellore, Tamil Nadu
Issues
Whether the High Court of Karnataka has jurisdiction to grant anticipatory bail under Section 438 CrPC when the case is pending before a court in Tamil Nadu?
Whether the petitioner, who is not a public servant, can be granted anticipatory bail for offences under Sections 409, 414, 477A IPC?
Submissions/Arguments
Petitioner argued that he is not a public servant, the offences are remote, and he has undergone open heart surgery, causing hardship if arrested.
Respondent argued that the High Court of Karnataka lacks jurisdiction as the case is pending in Tamil Nadu and the arrest is sought by Tamil Nadu police.
Ratio Decidendi
The High Court has jurisdiction to grant anticipatory bail under Section 438 CrPC even if the case is pending in another state, provided the petitioner apprehends arrest within its territorial limits. The court relied on L.R.Naidu v. State of Karnataka, 1984 Cri.LJ 475.
Judgment Excerpts
Heard the learned Counsel for the petitioner and the learned Government Pleader.
The petitioner is before this court seeking anticipatory bail, apprehending his arrest by the respondent – Police, for offences punishable under Sections 409, 414, 477A read with Section 34 of the Indian Penal Code, 1860.
The learned Government Pleader, on the other hand, would raise a serious objection that admittedly, the petitioner is sought to be arrested in a pending case before a court in Tamil Nadu and since this court would have no jurisdiction over that court or the investigating authorities, it would be improper to consider the petitioner’s case for anticipatory bail.
However, the learned Counsel for the petitioner would place reliance on a decision of this court in the case of L.R.Naidu vs. State of Karnataka, 1984 Cri.LJ 475, where in a similar situation, this court, relying on the...
Procedural History
The petitioner filed Criminal Petition No.809 of 2013 under Section 438 CrPC before the High Court of Karnataka at Bangalore seeking anticipatory bail in connection with C.C.No.376/2011 pending before the Judicial Magistrate First Class, Thiruvellore, Tamil Nadu. The petition was heard on 27 May 2013 and allowed.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 438
- Indian Penal Code, 1860: Sections 409, 414, 477A, 34
