Transit Anticipatory Bail | Interim Protection Granted to Facilitate Appearance in Jurisdictional Court: Karnataka High Court Grants Bail to Husband

Karnataka High Court granted transit anticipatory bail to Mr. Rajesh Doyijode and his family members in Criminal Petition No. 9296 of 2024. The petitioners, who were facing charges under Sections 498A, 323, and 504 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, were granted interim protection for a period of three weeks. This interim protection aims to enable them to seek anticipatory bail before the jurisdictional court in Uttar Pradesh and to appear in related Habeas Corpus proceedings.

The case arose from a complaint lodged by Mukta Singhal, the wife of the first petitioner, Mr. Rajesh Doyijode. The complaint, which led to the registration of an FIR (Crime No. 76/2024) at the Hathras Women Police Station in Uttar Pradesh, alleged offenses under Sections 498A (cruelty by husband or relatives), 323 (voluntarily causing hurt), and 504 (intentional insult) of the Indian Penal Code. Additionally, charges were included under Sections 3 and 4 of the Dowry Prohibition Act, 1961, relating to the giving or taking of dowry.

Mukta Singhal also filed a Habeas Corpus petition in the Allahabad High Court, which was served on the first petitioner, Mr. Rajesh Doyijode. Faced with these charges, the petitioners feared imminent arrest and sought transit anticipatory bail to secure their freedom while they applied for anticipatory bail in the appropriate jurisdiction in Uttar Pradesh.

The legal issues centered around whether the petitioners should be granted temporary protection from arrest to facilitate their appearance before the appropriate jurisdictional court and to participate in the Habeas Corpus proceedings. The petitioners, represented by counsel, argued that they intended to file for anticipatory bail in the jurisdictional court and that Mr. Rajesh Doyijode needed to appear in the ongoing Habeas Corpus proceedings.

During the hearing, the petitioners' counsel submitted that the FIR was registered based on a complaint by Mukta Singhal, alleging harassment and cruelty. The counsel also pointed out the concurrent legal proceedings in the Allahabad High Court and the need for interim protection to prevent any undue hardship to the petitioners.

Justice S. Vishwajith Shetty, after considering the submissions and the material on record, granted transit anticipatory bail to the petitioners for three weeks from the date of receipt of the certified copy of the order. This order allows them to apply for anticipatory bail in the appropriate court in Uttar Pradesh and to appear in the Habeas Corpus proceedings scheduled before the Allahabad High Court on September 18, 2024.

Justice Shetty noted that the petitioners are granted this interim relief solely to enable them to seek appropriate legal recourse in the jurisdictional court and to comply with the summons in the Habeas Corpus petition. The grant of transit anticipatory bail does not imply any opinion on the merits of the case, which would be considered by the appropriate jurisdictional court.

This decision by the Karnataka High Court provides temporary relief to the petitioners, ensuring their liberty while they engage in the due process of law. The court's order allows them to seek anticipatory bail in the jurisdictional court in Uttar Pradesh and to appear in the Allahabad High Court for the Habeas Corpus proceedings. It highlights the court's consideration of the need for interim protection in cases where jurisdictional challenges and ongoing legal proceedings intersect.

Date of Decision: September 13, 2024

Mr. Rajesh Doyijode & Ors. v. State of Karnataka & Anr.