Bail

Bail in Karnataka: High Court or Sessions Court?

By Ankur Tripathi, Advocate · 26 October 2026 · 2 min read

When arrest is likely or has happened, one of the first questions is where to apply for bail. This article explains the framework under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure in July 2024.

Regular bail and anticipatory bail

Regular bail is sought by a person who has been arrested or is in custody. Anticipatory bail is sought by a person who apprehends arrest for a non-bailable offence. Under the BNSS, anticipatory bail is dealt with in Section 482, which corresponds to the earlier Section 438. Section 483 deals with the special powers of the High Court and the Court of Session concerning bail, corresponding to the earlier Section 439.

Who can grant bail

Magistrates' courts can grant bail in many cases. The Court of Session and the High Court have wider powers, including in cases triable by a Sessions Court. Both can hear bail and anticipatory bail applications. The concurrent power does not make the two forums interchangeable in practice.

The usual course

The usual practice is to apply to the Sessions Court first. The High Court is generally approached after refusal, or in exceptional cases where there is a reason to go directly. Approaching the High Court first may invite the objection that the lower forum should have been tried.

What courts consider

Courts do not apply a single formula. Factors commonly weighed include:

• The nature and gravity of the accusation and the maximum punishment
• The strength of the prima facie case
• The risk of the accused absconding or tampering with witnesses or evidence
• The antecedents of the accused
• The time already spent in custody and the likely time for trial
• Parity with co-accused who have been granted bail

Conditions

Bail is usually granted on conditions, such as surrendering the passport, reporting to the police, not leaving the jurisdiction without permission and cooperating with the investigation. Violating the conditions can lead to cancellation.

Special statutes

Some laws tighten the standard for bail. The NDPS Act, for example, applies twin conditions in cases involving commercial quantity. Bail strategy in such cases begins with the exact allegations and the quantity involved.

Arrest practice

Notice of appearance in cases where arrest is not mandatory, and the guidelines the Supreme Court has laid down on arrest in offences punishable up to seven years, can also affect the need for bail and the way an application is framed. Legal advice on the specific provisions should be taken early.

This article is for general information only. It is not legal advice, and the law and its interpretation change. Please consult an advocate about your specific facts before acting.

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