Regular bail in Bengaluru: magistrate, Sessions Court or High Court

Someone in your family has been arrested. The police have produced them before a magistrate and they have been sent to judicial custody, which in Bengaluru usually means Parappana Agrahara central prison. The question now is how to get bail, and from which court.

Regular bail is the release of a person who is already arrested, on a bond and usually with sureties, while the case goes on. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), in force since 1 July 2024, the main provisions are Section 478 (bailable offences), Section 480 (non-bailable offences, before the magistrate) and Section 483 (the wider powers of the Sessions Court and High Court). These replace Sections 436, 437 and 439 of the CrPC.

If the arrest was before 1 July 2024, the case continues under the old CrPC sections, but the approach to bail is much the same.

Keep the surety's ID, address proof and property or salary papers ready before the bail hearing.

Bailable or non-bailable: check this first

The FIR lists the sections of the Bharatiya Nyaya Sanhita (BNS) or other law. Each offence is classed as bailable or non-bailable.

• Bailable offence (Section 478 BNSS): bail is a right. The police station or the court must release the person once they give a bail bond. If the person cannot find a surety, the court can release them on a personal bond.
• Non-bailable offence (Section 480 BNSS): bail is at the court’s discretion. You have to apply, and the court weighs the facts.

Most people who come to us in a hurry are dealing with non-bailable offences, so the rest of this article is about those.

Which court to apply to in Bengaluru

For Bengaluru city cases, the magistrate courts sit at the CMM court complex on Nrupatunga Road. Cases from Bengaluru Rural district police stations go to that district’s courts. The FIR and the remand papers show which court the case is before.

You can go to the Sessions Court or High Court directly in some cases, but courts usually expect you to try the lower court first unless there is a reason not to.

What the court looks at

• the nature and seriousness of the accusation, and the punishment it carries
• the evidence collected so far
• whether the accused might run away, tamper with evidence or threaten witnesses
• past criminal record
• how long they have already been in custody
• age, health, family situation
• whether the investigation needs the person in custody any more

In Satender Kumar Antil v. CBI (2022), the Supreme Court laid down guidelines on arrest and bail. Among them, regular bail applications should ordinarily be decided within two weeks, and anticipatory bail applications within six weeks, unless the law requires otherwise. Lawyers in Bengaluru courts often cite these guidelines when a bail application keeps getting adjourned.

Default bail under Section 187 BNSS

If the police do not file the chargesheet in time, the accused gets a right to default bail (also called statutory bail) under Section 187 BNSS (old Section 167(2) CrPC):

• 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more
• 60 days for other offences

The application has to be made once the period ends and before the chargesheet is filed. If the chargesheet comes in first, the right is lost. Watch the dates closely. There is some debate in the courts on which track applies to offences with a maximum of exactly ten years, so check this with your lawyer for your sections.

Section 187 also changed police custody. The 15 days of police custody can now be asked for in parts during the first 40 or 60 days, not only in the first 15 days as under the old law.

The bail bond and sureties

Bail is granted on conditions. The usual ones:

• a personal bond for a fixed amount
• one or two sureties for the same amount, who promise to produce the accused in court
• appearing on every hearing date
• not contacting witnesses or the complainant
• sometimes, reporting at the police station, or surrendering a passport

A surety is usually a relative or friend who lives within the court’s jurisdiction. They need ID, address proof and proof of means, such as property documents (RTC, khata or tax paid receipt) or salary slips. In some cases the court may allow a deposit of money in place of a surety. Once the bond is accepted, the court issues a release order to the prison.

Long custody and first-time offenders

Section 479 BNSS (old 436A CrPC) deals with undertrials who have been in custody a long time. A person who has spent half the maximum sentence as an undertrial is entitled to release, and a first-time offender after one third. It does not apply to offences punishable with death or life imprisonment. The jail superintendent is required to move the court in such cases, but families should also keep track.

Documents to bring

• a copy of the FIR and the remand order
• the arrest memo or intimation given to the family
• any earlier bail orders or rejections
• the accused’s ID, address proof and any medical records
• surety’s documents as listed above

If you have just learnt of a case and nobody has been arrested yet, read our guide on anticipatory bail in Bangalore instead. Our criminal lawyer in Bangalore page sets out the bail and trial work we do, and lawyer fees in Bangalore explains how bail fees are usually quoted.

Questions people ask

How long does it take to get regular bail in Bengaluru?

A bailable offence can be dealt with the same day. For non-bailable offences, the court usually calls for objections from the prosecution, so it can take from a few days to a few weeks. The Supreme Court has said bail applications should ordinarily be decided within two weeks.

Can a magistrate grant bail in a non-bailable offence?

Yes, under Section 480 BNSS, except generally where the offence is punishable with death or life imprisonment. For those, you apply to the Sessions Court or High Court.

What is default bail?

If the police do not file the chargesheet within 60 or 90 days, depending on the offence, the accused can claim bail as a right under Section 187 BNSS.

Who can stand surety for bail?

Usually a relative or friend who lives within the court’s area and can show property or a steady income. The court decides whether to accept them.

What happens if bail is rejected?

You can apply to the higher court, the Sessions Court or the High Court of Karnataka, or apply again to the same court if the circumstances change.

This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.