Karnataka High Court Says Anticipatory Bail Cannot Be Cancelled Indirectly After Charge Sheet Filing

The Karnataka High Court has ruled that courts cannot send an accused to judicial custody merely because a charge sheet has been filed if anticipatory bail is already in force and has not been formally cancelled.

Justice Vijaykumar A. Patil made the observation while setting aside a Karwar Special Court order that had remanded an accused to custody despite an earlier anticipatory bail order protecting him in the same criminal case.

According to the High Court, once anticipatory bail is granted, the accused continues to enjoy that protection unless the prosecution or the complainant specifically seeks cancellation of bail before a competent court. The judge noted that in the present case, neither the State nor the victim had filed any plea seeking cancellation of bail.

The Court found fault with the Special Court for ordering custody based only on oral allegations made during proceedings, even though the accused had complied with the bail conditions and was already participating in the trial process.

Referring to earlier Supreme Court rulings, including Sushila Aggarwal v. State (NCT of Delhi), the High Court reiterated that anticipatory bail ordinarily continues beyond the filing of the charge sheet and may remain effective till the end of trial.

Calling the lower court’s procedure legally unsustainable, the High Court observed that personal liberty cannot be taken away without following the established process for cancellation of bail. It ultimately ordered the immediate release of the accused and directed the trial court to decide his pending regular bail application independently and in accordance with law.