Bengaluru, October 11, 2023 — In a notable ruling concerning inter-state jurisdiction on bail matters, the LXVI Additional City Civil & Sessions Judge, Bengaluru, has granted limited anticipatory bail to A. Muniyappa, the former Chairman of the Karnataka State SC & ST Commission.

Mr. Muniyappa, a 66-year-old farmer and Bengaluru resident, had filed an application under Section 438 of the Code of Criminal Procedure (Cr.P.C.) seeking protection from arrest in connection with a case registered by the New Delhi Crime Branch Police Station (Cr.No.22/2021).

The Allegations and Petitioner’s Defense

The case against Mr. Muniyappa and others involves serious charges under the Indian Penal Code, including Cheating (Section 420), Forgery (Sections 468, 471), and Criminal Intimidation (Section 506).

According to the complaint, the primary allegations centered on accused No. 1 and his son allegedly collecting a massive sum—reportedly Rs. 11.75 Crores—from the complainant under the false promise of securing an appointment as a Lieutenant General of a Union Territory.

The petitioner, A. Muniyappa, argued that he was innocent and falsely implicated. He contended that the main transaction occurred between the complainant and the co-accused. The only specific allegation against him was that he arranged a meeting at the Taj Hotel in Bengaluru and threatened the complainant on November 6, 2020. Crucially, he emphasized that he had not received any amount and that the ingredients of the cheating offence were not attracted against him.

Furthermore, Mr. Muniyappa, being a senior citizen, cited his willingness to cooperate with the investigation and noted that the New Delhi police had not issued a notice under Section 41-A Cr.P.C. before seeking his arrest.

Court Upholds Jurisdiction on Residency Grounds

The primary legal challenge addressed by the court was the objection raised by the prosecution that the Bengaluru court lacked jurisdiction, as the First Information Report (FIR) was registered in New Delhi.

Presiding Judge Sri. S. Nataraj dismissed this objection, relying on a precedent set by the Hon’ble High Court of Karnataka in the case of Dr. L.R. Naidu Vs. State of Karnataka. The judgment cited the principle that Section 438 Cr.P.C. is a beneficial provision, allowing any person apprehending arrest to seek bail in the court within whose jurisdiction he ordinarily resides.

Given that Mr. Muniyappa resides in Bengaluru and was apprehending arrest within the court’s jurisdiction, the court asserted its authority to entertain the petition.

Rationale for Granting Bail

In evaluating the merits, the court made several key observations:

• Prima Facie Case: The court found that the allegations of payment and fraudulent inducement to cheat were directed primarily against the co-accused. The court held that a prima facie case for cheating was not forthcoming against Mr. Muniyappa.
• Procedural Lapse: The non-issuance of a notice under Section 41-A Cr.P.C. by the investigating officer was considered a significant factor, aligning with the guidelines established by the Hon’ble Supreme Court in the landmark case of Satender Kumar Antil Vs. CBI.
• Nature of Offence: The offences are not punishable with death or life imprisonment and are triable by a Magistrate, weighing in favour of granting bail.

Limited Relief and Strict Conditions Imposed

The court allowed the petition and ordered the release of A. Muniyappa on anticipatory bail upon executing a personal bond of Rs. 50,000/- with one surety for the like sum.

However, the relief granted is strictly conditional and limited in duration:

1. Time Limit: The anticipatory bail order is valid for one month only.
2. Jurisdictional Compliance: During this one-month period, the petitioner is mandated to approach the appropriate jurisdictional court in New Delhi and file a fresh application. The Bengaluru court’s order will remain in force only until the New Delhi court passes its own order on the matter.
3. Cooperation: The petitioner must cooperate with the investigation and appear before the New Delhi Crime Branch Police as and when required.

This order provides temporary protection to the former state official while ensuring that the primary investigating court in New Delhi ultimately takes up the substantive bail matter.