The bench of Justices KM Joseph and BV Nagarathna would decide if an anticipatory bail can be granted by a court in whose jurisdiction the FIR has not been lodged.

The Court issued notice on a plea filed by a complainant who had lodged an FIR in Chirawa of Rajasthan whereas the district Judge at Bengaluru had granted anticipatory bail to the accused in a case of demand of dowry.

The plea has been filed under Article 136 of the Constitution directly against the order of the Sessions Judge, Bengaluru. Sr. Advocate Mr. K. Paul argued that the court at Bengaluru could not have granted anticipatory bail to the accused since the FIR was lodged in Rajasthan. The order is without jurisdiction and hence required to be set aside. The issue has not been decided by the Supreme Court yet and the different high Court has divergent views on this issue and the law is required to be settled.

Although the Supreme Court was more inclined in asking the petitioner if she also wants a divorce.

The Special Leave petition has been filed by Advocate on Record Rishi Matoliya.

Case Details:-

Diary No. 7943-2023
PRIYA INDORIA
Versus
THE STATE OF KARNATAKA AND ORS