Karnataka HC Grants Bail Again To Accused Who Jumped Bail, On Condition He Pays Earlier ₹1 Lakh Bond

The petitioner, Accused No. 3, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a prosecution arising from an alleged bank robbery involving theft of cash and gold ornaments.

He had previously been granted bail, but later absconded, resulting in a non-bailable warrant and his return to judicial custody.

The petitioner offered to pay the earlier bond amount; the State opposed bail, citing his prior bail violation, other pending cases, and risk of absconding or tampering with the trial.

The petition sought bail in S.C. No. 20/2026, arising from Bevoor Police Station Crime No. 78/2020.

The Court considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Code of Criminal Procedure, 1973), under which it exercised its discretion to grant regular bail.

Relying on Sadananda v. State of Karnataka, ILR 1985 KAR 2813, the Court stated that jumping bail results in forfeiture of the bond without a separate order being necessary.

It also referred to Section 446(2) Cr.P.C., which permits remission of part of a surety’s bond in specified circumstances, while observing that no corresponding remission provision applies to the accused’s own bond.

The Court treated recovery of the earlier bond amount as a necessary condition for considering bail again in the circumstances of this case.

The petitioner’s prior absconding weighed against granting bail as a matter of right, and the State’s concerns were reinforced by the other pending cases and the petitioner’s residence outside Karnataka.

However, the petitioner accepted responsibility for the earlier bond and agreed to pay its amount.

In the exercise of its discretion, the Court considered that granting bail would afford him another opportunity to participate in the trial, while imposing conditions intended to secure his attendance and protect the proceedings.

subject to payment of the previous bond amount of Rs. 1,00,000, execution of a fresh personal bond of Rs. 1,00,000 with two sureties (one local), non-interference with prosecution witnesses, and not leaving the trial court’s jurisdiction without permission.