Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief.A single judge, Justice Mohammad Nawaz held thus while disposing of the petition filed by a school teacher, Imran H, who is charged with offences punishable under Section 69, 318(2) of BNS, 2023. It is alleged that the accused with a promise of marriage, committed sexual intercourse with the complainant and later cheated her etc. He directly approached the high court seeking anticipatory bail. It was argued that both Sessions Court and High Court have concurrent jurisdiction to entertain an application seeking bail and therefore, the petitioner has approached this Court directly. Further, it was claimed that the henchman of the complainant had detained him and a missing complaint was filed by his father on 05.12.2024, registered as Crime No.232/2024 at Santhebennur Police Station, Davanagere. Moreover, the allegations made against the petitioner are false and created and there is a threat to the petitioner.On going through the averments made in the petition, the bench said “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.” Then it held “No exceptional reasons are made out so as to entertain the instant petition. 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.” It added, “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.” Disposing the petition the court reserved liberty to the petitioner to seek remedy before the Sessions Court. Appearance: Advocate Tajuddin for Petitioner.HCGP Harish Ganapathy FOR R1. Advocate Sameer S N for Complainant. Citation No: 2025 LiveLaw (Kar) 51Case Title: Imran H AND State of KarnatakaCase No: CRIMINAL PETITION NO. 362 OF 2025Click Here To Read/Download Order

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

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