Imposing Condition To Furnish Bank Guarantee While Granting Bail Illegal: Karnataka High Court

The Karnataka High Court has reiterated that imposing a condition that the accused should furnish a bank guarantee of any quantum for grant of bail by the trial court is on the face of it illegal.

A single judge bench of Justice M Nagaprasanna noted that it has come across a plethora of cases where the concerned courts while granting bail are imposing conditions of furnishing bank guarantee.

It said, “I deem it appropriate to observe that the concerned Court shall not insist on furnishing of bank guarantee for release of the accused on grant of bail. Except this, the concerned Court would be free to impose any other legally tenable conditions.”

The observation was made while allowing a petition filed by Vaibhavaraj Utsav who had approached the court after his application seeking modification of the bail condition of furnishing bank guarantee of Rs 50 lakh was rejected.

The bench relied on several Apex Court judgments, wherein the court has held that direction to furnish a bank guarantee as a condition precedent for release on bail or continuance of bail, is on the face of it illegal.

The court said “The order of the concerned Court that directs the petitioner to furnish a bank guarantee, albeit, within three months after his release, is on the face of it illegal.”

The counsel for the petitioner informed the court that bail bond of Rs.50 lakhs is already furnished. The court set aside the impugned order dated 23-01-2024, directing furnishing of bank guarantee and clarified that all the other conditions stipulated in the order granting bail dated 14.03.2023 remain intact.

Appearance: Advocate Mohammed Tahir for Petitioner

HCGP Harish Ganapathi for R1.

Citation No: 2024 LiveLaw (Kar) 315

Case Title: Vaibhavaraj Utsav AND State By Chandra Layout P.S

Case No: CRIMINAL PETITION NO. 5847 OF 2024

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