Hon’ble Justice K.N Phaneendra of Karnataka High Court in the matter of Sai Ramakrishna V. State of Karnataka & Others passed an Oder that “A Person Arrested by the Police entitled to move for bail through he was not produced before Magistrate.”
Kerala Police have arrested the accused within the Jurisdiction of Sampige Halli Police and the intimation of the arrest of the accused was served on the wife of the petitioner. The information was also given to the Jurisdictional Magistrate, Bengaluru. The transit order was also sought by the Police. In the meantime, as the accused was suffering from illness, he was admitted to Jayadeva Hospital, Bengaluru and presently he is in ICU. In this context, the petitioner has made an application under Section 437 CrPC before the Jurisdictional Magistrate.
Learned Counsel for petitioner with all responsibility submitted before the Court that the Magistrate has not passed any orders on the application on merits, but, simply he has disposed of the said application stating that he has no jurisdiction to pass any orders under Section 437 CrPC and refused to entertain the application filed by the accused on the ground that the accused was not actually produced before him.
The court observed that “It goes without saying that if a person is arrested and not produced before the Jurisdictional Court, he is entitled to maintain a petition under Section 437 of CrPC before the Magistrate.”
Court relying on the order passed in case of Mr Vinod Kumar Sudhindran Menon V. State Of Karnataka & Others with similar fact and said “The learned Magistrate has got Jurisdiction to entertain an application under Section 437 of CrPC.” Court further said that “There is no need of actual production of accused before the Jurisdictional Court seeking bail under section 437 of CrPC.” Therefore under the above circumstances, non-passing of Order on the merit of the application filed under Section 437 of CrPC, by the learned Magistrate is erroneous.
Court Ordered the Magistrate to entertain a bail plea and pass appropriate order as per law.
 WP NO.7845/2018 (Karnataka High Court On 17th February 2018)