Practice area

Anticipatory bail in the Karnataka High Court

Petitions under Section 482 of the BNSS for protection from arrest, including after a Sessions Court has declined relief.

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the High Court of Karnataka and the Sessions Court to direct that a person be released on bail if arrested. It corresponds to Section 438 of the earlier Code. Because both courts have power, the choice of forum is a strategic decision.

What this work involves

• Petitions to the High Court after the Sessions Court has refused relief, and directly in suitable cases
• Interim protection from arrest while the petition is pending
• Conditions and applications to modify them
• Offences under special statutes where anticipatory bail is restricted
• Business, family and property disputes that have led to a criminal case
• Cancellation applications by the State or the complainant, and defending them

Frequently asked questions

Can I go straight to the High Court without the Sessions Court?

Yes, the High Court has concurrent power, but it generally expects a good reason for bypassing the Sessions Court.

How long does the protection last?

The Supreme Court held in Sushila Aggarwal v. State (NCT of Delhi) (2020) that anticipatory bail need not end at a fixed time unless the court gives reasons. Conditions continue to apply.

What happens if the High Court refuses?

The person can apply to the Supreme Court, and in some cases fresh grounds allow another application.

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