In Priya Indoria v State of Karnataka, the Supreme Court (SC) says that High Courts and Sessions Courts have power to grant interim/transit anticipatory bail even when the First Information Report (FIR) has been registered in another State.
The conditions laid down by the SC for the grant of limited anticipatory bail are as follows-
- Notice to Investigating Officer and Public Prosecutor: Before passing an order of limited anticipatory bail, the investigating officer and public prosecutor involved in the FIR must be issued notice on the first day of the hearing. The court retains discretion to grant interim anticipatory bail in appropriate cases.
- Reasoned Order: The order granting limited anticipatory bail must provide detailed reasons explaining why the applicant fears an inter-state arrest and the potential impact of such protection on the ongoing investigation.
- Offence not excluded from scope of anticipatory bail by state amendment: The jurisdiction in which the cognizance of the offence has been taken does not exclude the said offence from the scope of anticipatory bail by way of a State Amendment to Section 438 of CrPC.
- Grounds to be pleaded: The applicant seeking anticipatory bail must convince the court of their inability to seek relief from the court with territorial jurisdiction. Grounds for such requests may include immediate threats to life, violations of personal liberty, arbitrary actions, or medical status/disability.
- Only in Exceptional and compelling Circumstances: The power to grant extra-territorial anticipatory bail is reserved for exceptional and compelling circumstances. The court emphasizes that this authority should only be exercised when the denial of such relief would cause irreparable harm to the applicant.
