Anticipatory Bail Applications Should Be Moved Before Sessions Court First Unless There Are Exceptional Circumstances, Says Karnataka HC

Post By 24law
February 9, 2025

Pranav B Prem

The Karnataka High Court has reiterated that anticipatory bail applications should first be filed before the Sessions Court, unless exceptional circumstances justify approaching the High Court directly. The single-judge bench of Justice Mohammad Nawaz made this observation while hearing a petition under Section 482 of the Bharatiya Nyaya Sanhita (BNSS), 2023, in Sri Imran H v. State of Karnataka. The petitioner sought anticipatory bail in Crime No. 3/2025 registered at Santhebennur Police Station, Davanagere district, for offenses punishable under Sections 69 and 318(2) of the BNSS, 2023.

No Exceptional Grounds to Bypass Sessions Court

The petitioner had directly approached the High Court without first seeking relief from the Sessions Court. His counsel argued that both courts have concurrent jurisdiction to entertain anticipatory bail applications. The petitioner also claimed that he was kidnapped by the complainant’s henchmen and unlawfully detained from December 4, 2024, to April 9, 2024, prompting his father to file a missing complaint. However, the High Court found no exceptional circumstances to justify bypassing the Sessions Court. Justice Mohammad Nawaz held: "Though Sessions Court and High Court have concurrent jurisdiction in entertaining and deciding a petition for bail, it is prudent for the petitioner to approach the Sessions Court at the first instance, unless there are exceptional circumstances to file such application directly before the High Court, bypassing the Sessions Court." The Court also cited the Bombay High Court’s ruling in Mohanlal Nandram Choudhari v. State of Maharashtra (2007 CRL.L.J. 4656), which reaffirmed this position.

Precedent and Legal Principle

The Court emphasized that if anticipatory bail petitions were entertained without exceptional grounds, it would create a precedent requiring the High Court to hear such petitions in every case. It observed: "If an adverse order is passed by the Sessions Court, it is always open for the petitioner to file a petition before this Court for the same relief. If the instant petition seeking anticipatory bail is entertained without there being any exceptional grounds made out, it will set a precedent and in every case, this Court has to deal with such petitions." The Court also noted that the petitioner relied on another Karnataka High Court ruling in Crl.P.No. 3213/2013, where anticipatory bail was granted due to a threat of arrest. However, in that case, the accused had first approached the Sessions Court. Thus, the ruling did not apply to the present matter.

Petition Disposed of with Liberty to Approach Sessions Court

Since no exceptional circumstances were established, the Court declined to entertain the petition and directed the petitioner to seek relief from the Sessions Court. It concluded: "For the foregoing reasons, petition is disposed of reserving liberty to the petitioner to seek remedy before the Sessions Court."

This judgment reinforces the principle that the Sessions Court is the first forum for anticipatory bail applications. Only in exceptional cases should an applicant directly approach the High Court, ensuring judicial discipline and preventing unnecessary litigation at higher forums.