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2026 Supreme(Online)(Ker) 5456

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MISHA AGED 45 YEARS W/ O RAMESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13040 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.K.RAJEEV
For the Respondents: SRI.M.C. ASHI, SR. PP

The court can grant transit bail even when jurisdictional issues arise under the Bharatiya Nagarik Suraksha Sanhita, allowing the applicant to seek remedies in the appropriate court.

Headnote:The application was made under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the applicant, accused in Crime No.62 of 2025, faced arrest under IT and BNS provisions. The court recognized valid apprehension of inter-state arrest and reasonable grounds for transit bail. The Supreme Court's precedent established the court's jurisdiction to grant transit bail despite the territorial limits. Hence, the application was disposed of allowing the applicant to seek remedies from the relevant jurisdictional court within three weeks.

Table of Content
1. application details and applicant's apprehensions. (Para 1 , 2 , 3)
2. hearing of counsel and public prosecutor. (Para 4)
3. court's rationale for granting transit bail. (Para 5 , 6 , 7)

ORDER

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short, BNSS ), 2023.

2. The applicant is the accused in Crime No.62 of 2025 of C.E.N Police station, Kalaburagi city, Karnataka State. The offences alleged against the applicant are punishable under Sections 66C and 66D of the IT Act and Sections 318 (2), 318(4), 319(2), 190 and 111 of the Bharatiya Nyaya Sanhita (for short, BNS ), 2023.

3. The applicant apprehends arrest by respondent No.2 in the above crime.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. The Supreme Court in Priya Indoria v. State of Karnataka (2023 KHC OnLine 6997) held that though this Court is not in a position to grant pre-arrest bail in cases where crimes have been registered outside the territorial jurisdiction, this Court is empowered to pass an order of transit bail.

6. The apprehension of the applicant of an inter-state arrest appears to be well-founded. The grounds raised by the applicant for an order of transit bail appears to be reasonable to avoid minimum threat to her life and personal liberty in the jurisdiction where the FIR is registered.

7. The applicant has satisfied this Court regarding her inability to seek anticipatory bail from the court which has territorial jurisdiction to take cognizance of the offence immediately.

This bail application is therefore disposed of with liberty to the applicant to approach the jurisdictional Court and seek proper remedies in accordance with law, within a period of three weeks from today. The respondent No.2 shall not arrest the applicant till the expiry of the said three weeks.

Sd/-

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