The Karnataka High Court recently granted transit anticipatory bail to a 78-year-old ex-service man, enabling him to approach the jurisdictional court in Madhya Pradesh in a cheating case registered against him. The judgment underscores the court's power to provide limited protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 to facilitate the filing of an anticipatory bail application before the appropriate forum.
Background & Facts
The Dispute
The petitioner, Sri Govindappa Jayaramaiah, a 78-year-old ex-service man residing in Tumakuru, Karnataka, is accused in Crime No. 149/2024 registered by Bamhori Kala Police Station, Tikamagadh District, Madhya Pradesh. The case pertains to offences under Sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) read with Section 34 (common intention) of the Indian Penal Code (IPC). The petitioner apprehends arrest in connection with this case.
Key Facts
The petitioner is an ex-service man aged 78 years
Crime No. 149/2024 was registered in July 2024 by Bamhori Kala Police Station, Madhya Pradesh
The case involves alleged doubtful transactions in the petitioner’s bank account
The petitioner was summoned for enquiry by the Madhya Pradesh Police
The petitioner seeks transit anticipatory bail to file an anticipatory bail application before the jurisdictional court in Madhya Pradesh
Procedural History
13.07.2024: Crime No. 149/2024 registered by Bamhori Kala Police Station, Madhya Pradesh
2026: Petitioner summoned for enquiry regarding doubtful transactions in his bank account
2026: Present Criminal Petition No. 9230 of 2026 filed under Section 482 BNSS 2023 before the Karnataka High Court seeking transit anticipatory bail
Relief Sought
The petitioner sought transit anticipatory bail for a limited period to enable him to approach the jurisdictional court in Madhya Pradesh for anticipatory bail under Section 438 CrPC (or its equivalent under BNSS 2023).
The Legal Issue
The central question before the court was whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 empowers the High Court to grant transit anticipatory bail to an individual apprehending arrest in a case registered outside its territorial jurisdiction, thereby enabling the individual to approach the jurisdictional court for anticipatory bail.
Arguments Presented
For the Petitioner
The learned counsel for the petitioner submitted that:
The petitioner is a 78-year-old ex-service man with no criminal antecedents
The petitioner was summoned for enquiry regarding certain doubtful transactions in his bank account
The petitioner apprehends arrest in Crime No. 149/2024 registered in Madhya Pradesh
The petitioner intends to file an application for anticipatory bail before the jurisdictional court in Madhya Pradesh
To facilitate this, the petitioner sought limited transit anticipatory bail under Section 482 BNSS 2023
For the Respondent
The learned High Court Government Pleader (HCGP) representing the State did not seriously oppose the prayer made in the petition.
The Court's Analysis
The court relied on the precedent set by the Supreme Court in Priya Indoria v. State of Karnataka [(2024) 4 SCC 749], which laid down the law regarding the power of courts to grant transit anticipatory bail. The court observed:
"The material made available before this Court by the learned counsel for the petitioner would go to show that petitioner aged 78 years is a Ex-service man. It appears that a case has been registered in crime No.149 of 2024 in the month of July, 2024 by Bamhori Kala Police Station in Madhya Pradesh State and during the course of enquiry since certain doubtful transactions were found in bank account of the petitioner he has been summoned for the purpose of enquiry. Since the petitioner intends to file necessary application before the jurisdictional Court in Madhya Pradesh State seeking anticipatory bail, I am of the opinion that some protection is to be given to the petitioner so as to enable him to approach the said Court seeking anticipatory bail."
The court emphasized that granting transit anticipatory bail for a limited period would serve the ends of justice, allowing the petitioner to approach the jurisdictional court in Madhya Pradesh without the risk of arrest.
The Verdict
The Karnataka High Court allowed the criminal petition and granted transit anticipatory bail to the petitioner for a period of three weeks from the date of receipt of a copy of the order. The court directed that in the event of the petitioner’s arrest in Crime No. 149/2024, he shall be released subject to the following conditions:
The petitioner shall execute a personal bond for Rs. 1,00,000 (Rupees One Lakh) with two sureties for the like sum to the satisfaction of the Investigating Officer
The petitioner shall not tamper with prosecution witnesses and shall co-operate with the police for investigation, appearing before them whenever called upon
The petitioner shall not involve in similar offences in the future
What This Means For Similar Cases
Transit Anticipatory Bail Under BNSS 2023
This judgment reaffirms that High Courts can grant transit anticipatory bail under Section 482 BNSS 2023 to individuals apprehending arrest in cases registered outside their territorial jurisdiction. Key takeaways include:
Limited Protection: Courts may grant transit bail for a short duration (e.g., three weeks) to enable the accused to approach the jurisdictional court
No Serious Opposition: If the State does not seriously oppose the prayer, courts are inclined to grant limited protection, especially for elderly or vulnerable individuals
Precedent Reliance: Courts will rely on Supreme Court judgments like Priya Indoria v. State of Karnataka to guide their discretion in granting transit bail
Conditions for Grant of Transit Bail
Practitioners should note the conditions imposed by the court while granting transit anticipatory bail:
Execution of Personal Bond: The accused must execute a personal bond with sureties as directed by the court
Non-Tampering with Witnesses: The accused must not tamper with prosecution witnesses or obstruct the investigation
Co-operation with Investigation: The accused must co-operate with the police and appear before them as required
No Future Offences: The accused must not involve in similar offences during the bail period
Strategic Considerations for Practitioners
Territorial Jurisdiction: When filing for transit anticipatory bail, emphasize the lack of territorial jurisdiction of the court and the need for limited protection to approach the appropriate forum
Vulnerable Accused: Highlight the age, health, or extenuating circumstances of the accused to strengthen the case for transit bail
Precedent Citation: Cite relevant Supreme Court judgments to support the legal basis for transit anticipatory bail
Non-Opposition by State: If the State does not oppose the petition, courts are more likely to grant limited protection to serve the ends of justice
