Karnataka High Court directs trial courts not to insist on furnishing bank guarantees for release of accused on bail

High Court of Karnataka prohibits trial courts from demanding bank guarantees for bail, deeming it illegal and generating litigations.

The High Court of Karnataka has directed all trial courts in the State not to insist on furnishing bank guarantees for the release of the accused on grant of bail.

“This court is coming across a plethora of cases where the concerned trial courts while granting bail, are imposing a condition that the accused should furnish a bank guarantee of any quantum. This is, on the face of it, illegal. Such orders being passed have generated a lot of litigations,” the High Court observed. Justice M. Nagaprasanna passed the order while allowing a petition filed by one Vaibhavraj U. of Bengaluru.

The petitioner questioned the legality of the condition imposed by the trial court, asking him to furnish a bank guarantee for ₹50 lakh within three months of his release on bail as a condition for the grant of bail in a case of alleged misappropriation of about ₹1 crore from the fund belonging to a private trust. The trial court initially asked him to furnish the bank guarantee for ₹1 crore and later reduced it to ₹50 lakh.

The High Court also pointed out that the apex court last year had made it very clear that directions to furnish a bank guarantee as a condition precedent for release on bail or continuance of bail is, on the face of it, illegal.