VidhiSangh

Supreme Court of India · 20/11/2023

PRIYA INDORIA versus STATE OF KARNATAKA AND ORS. ETC.

[2023] 15 S.C.R. 525 · 2023 INSC 1008

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held that a High Court or Sessions Court may exceptionally grant limited transit anticipatory bail for an FIR registered outside its territory, enabling access to the competent court. The power requires safeguards against forum shopping and does not authorise full anticipatory bail for the out-of-State FIR. The Bengaluru orders were set aside, with four weeks’ protection to approach the jurisdictional court in Rajasthan.

Issues

  1. Whether Section 438 CrPC permits limited protection against arrest for an FIR registered outside the court’s territorial jurisdiction.
  2. What conditions prevent forum shopping while preserving liberty and access to justice.
  3. Whether the Bengaluru court’s full anticipatory-bail orders could stand.

Provisions considered

Held

Result

Appeals allowed and Bengaluru anticipatory-bail orders set aside. No coercive steps against the accused for four weeks to enable approach to the jurisdictional court in Chirawa, Rajasthan. Applications to the Sessions Court there or Rajasthan High Court to be decided expeditiously on their own merits.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 525.