Karnataka High Court Denies Anticipatory Bail to Accused Already on Regular Bail

Court emphasizes that anticipatory bail is not a remedy for those failing to comply with court appearances after being granted regular bail.

In a significant judgment, the Karnataka High Court has dismissed a petition for anticipatory bail filed by Mudasir @ Muddu, who was previously granted regular bail in a criminal case but failed to comply with court appearances, leading to the issuance of a Non-Bailable Warrant (NBW) and a proclamation against him. The judgment was delivered by Justice Shivashankar Amarannavar on December 1, 2025.

The petitioner, Mudasir, had been charged under Section 397 of the Indian Penal Code in connection with Crime No. 5/2020 of Byappanahalli Police Station. Despite being granted regular bail on February 10, 2020, he failed to appear in subsequent court hearings, resulting in the issuance of a NBW. The petitioner argued that his absence was due to miscommunication between him and his counsel, and he sought anticipatory bail fearing arrest due to the proclamation.

The court, however, upheld the argument presented by the Additional State Public Prosecutor, Smt. Pushpalatha B., that anticipatory bail is not applicable to individuals who have already been granted regular bail in the same case but have subsequently defaulted in appearing before the court.

Justice Amarannavar noted that the proper course of action for the petitioner would be to approach the trial court to have the NBW recalled. The judgment emphasized that the miscommunication cited by the petitioner was not a valid reason for non-appearance in court.

The court's decision reaffirms the legal principle that anticipatory bail is not a substitute for compliance with regular bail conditions, and those who fail to adhere to these conditions must seek remedies through the appropriate legal channels.

Bottom Line:

Anticipatory bail cannot be granted to a petitioner who has already been granted regular bail in the same crime but failed to appear before the Court, leading to issuance of NBW and proclamation.

Statutory provision(s):  

• - Section 438 of the Code of Criminal Procedure, 1973 (Anticipatory Bail)  
• - Section 397 of the Indian Penal Code (Robbery or dacoity, with attempt to cause death or grievous hurt)  
• - Section 70 of the Code of Criminal Procedure, 1973 (Form of warrant of arrest and duration)

Mudasir @ Muddu v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2817242