S.483(3) BNSS | High Court Can’t Cancel Bail Granted By Sessions Court In Absence Of Breach Of Conditions: Karnataka HC
The Karnataka Excessive court docket has stated that in absence of any violation of bail situations, the order of Periods Court docket granting bail to an accused can’t be sought to be cancelled earlier than the Excessive Court docket by submitting an utility underneath Part 483(3) of BNSS, 2023.
A Single decide, Justice V Srishananda held thus whereas dismissing the petition filed by the mom of a rape sufferer, difficult grant of bail to the accused charged underneath provisions of Safety of Youngsters from Sexual Offences Act (POCSO). It was her case that grant of bail for such a severe offence had resulted in miscarriage of justice.
The court docket stated “Although concurrent powers vested on this Court docket together with the Particular Court docket or the Periods Court docket to grant or cancel the bail, the applying in search of cancellation of bail shall not be construed as whether it is an enchantment over the order of grant of bail. Even in BNSS, 2023, no such provision is carved out by the legislature in order to vest the ability of both revision or enchantment over the discretionary order of grant of bail.”
The petitioner had contended that the plea is maintainable having regard to the truth that cancellation of bail is permissible both earlier than the Court docket, which granted bail or earlier than the Excessive Court docket, having regard to the concurrent energy vested by the statute.
Additional, even within the absence of any violation of the situations imposed by the Periods Decide, the very grant of bail may be questioned earlier than the Excessive Court docket by submitting an utility underneath Part 483(3) of BNSS, 2023, it was argued.
The prosecution opposed the plea submitting that the order granting bail is a discretionary and within the absence of any compelling circumstances, bail as soon as granted can’t be cancelled.
The Court docket famous that as a normal rule, utility in search of cancellation of the bail needs to be filed earlier than the Court docket which granted bail, inasmuch as that Court docket has unique information of the information for grant of bail. There have to be compelling circumstances or violation of bail situations to hunt cancellation earlier than the Excessive Court docket, it held.
“Part 483(3) of BNSS, 2023 is retained in verbatim of Part 439(2) of Cr.P.C. If in any respect the legislature is of the opinion that even in case of a discretionary order, if no correct discretion is exercised by a Court docket, then such orders may be subject material of both revision or enchantment, essentially the legislature would have carved out such energy within the increased Courts particularly, the Excessive Court docket as in opposition to the Periods Court docket or the Particular Court docket,” the Court docket noticed.
Thus it held that within the absence of any such energy being vested within the increased Courts both underneath Part 483(3) of BNSS, 2023 or some other provision of BNSS, 2023 and no such energy being carved out within the POCSO Act as effectively, bail as soon as granted can’t be cancelled only for asking.
Nevertheless, it clarified that, “Little doubt, if there’s a grave and severe error that has been dedicated by the Court docket whereas granting the bail, identical may be questioned underneath the supervisory energy underneath Article 227 of the Structure of India and by invoking inherent energy of this Court docket underneath Part 482 of Cr.P.C.”
Accordingly it dismissed the petition.
Look: Sanjay A Patil for Petitioner.
HCGP Arati Patil for R1.
Advocate Ashok B Mulage for R2.
Quotation No: 2025 LiveLaw (Kar) 224
Case Title: Devibai AND State of Karnataka & ANR
Case No: CRIMINAL PETITION NO.200940 OF 2025
