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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
Sainath Gharse S/o Sainath Trivikram Gharse – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner seeks transit anticipatory bail. (Para 2 , 3 , 4) |
| 2. learned sessions judge dismisses bail request. (Para 6) |
| 3. legal principles for granting anticipatory bail. (Para 7 , 8 , 9) |
| 4. court grants transit anticipatory bail. (Para 10) |
ORDER :
1. Heard the learned senior counsel, Sri. Sandesh. J. Chouta, appearing for Sri. Muralidhara. C, for the petitioner and learned High Court Government Pleader for the State and perused the material on record.
2. Petitioner is before this Court seeking to grant transit anticipatory bail for a limited period in a case registered in FIR No.811/2025 at D.N. Nagar Police Station, Andheri, Mumbai, for the offence Punishable under Section 406 , 420 read with Section 34 of IPC.
3. FIR is registered against one Waghole's Investment Consulting Services Pvt. Ltd. and two other named accused, on a complaint lodged by one Elizabeth Lou Ayler.
4. It is not disputed that petitioner is not named as an accused in the FIR. Petitioner is apprehending his arrest in view of an observation made in the order passed by the High Court of Judicature in Bombay in WP.No.4336/2025 disposed on 13.08.2025. At paragraph No.4 of the said order it is observed
The court may grant transit anticipatory bail even if the FIR is outside its territorial jurisdiction, safeguarding personal liberty and access to justice.
(1) Anticipatory bail – Court which grants anticipatory bail must take care to specify offence or offences in respect of which alone order will be effective – Blanket order of anticipatory bail is bo....
The main legal point established in the judgment is the court's jurisdiction to grant transit anticipatory bail in a case where no FIR had been filed against the applicants in a state other than the ....
The need to consider the applicant's apprehension of arrest and grant relief to enable the applicant to approach the competent Court for seeking appropriate relief.
Interstate anticipatory bail can be granted by a court outside its jurisdiction under specific statutory provisions for protecting the accused.
The judgment established the principle that the grant of transit bail or anticipatory bail by a Court cannot be curtailed by the provisions of Section 438 of the Cr.P.C., emphasizing the right to per....
Limited anticipatory bail can be granted even outside territorial jurisdiction if justifying circumstances exist, stressing access to justice.
Personal liberty is a fundamental right, and arrests should be justified and not arbitrary; anticipatory bail granted under specific conditions.
Anticipatory bail can be granted based on the presumption of innocence and the need to prevent unjustified detention, considering the specific facts of each case.
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