S.483(3) BNSS | High Court Can't Cancel Bail Granted By Sessions Court In Absence Of Breach Of Conditions: Karnataka HC

The Karnataka High court has said that in absence of any violation of bail conditions, the order of Sessions Court granting bail to an accused cannot be sought to be cancelled before the High Court by filing an application under Section 483(3) of BNSS, 2023.

A Single judge, Justice V Srishananda held thus while dismissing the petition filed by the mother of a rape victim, challenging grant of bail to the accused charged under provisions of Protection of Children from Sexual Offences Act (POCSO). It was her case that grant of bail for such a serious offence had resulted in miscarriage of justice.

The court said “Even though concurrent powers vested in this Court along with the Special Court or the Sessions Court to grant or cancel the bail, the application seeking cancellation of bail shall not be construed as if it is an appeal over the order of grant of bail. Even in BNSS, 2023, no such provision is carved out by the legislature so as to vest the power of either revision or appeal over the discretionary order of grant of bail.”

The petitioner had contended that the plea is maintainable having regard to the fact that cancellation of bail is permissible either before the Court, which granted bail or before the High Court, having regard to the concurrent power vested by the statute.

Further, even in the absence of any violation of the conditions imposed by the Sessions Judge, the very grant of bail can be questioned before the High Court by filing an application under Section 483(3) of BNSS, 2023, it was argued.

The prosecution opposed the plea submitting that the order granting bail is a discretionary and in the absence of any compelling circumstances, bail once granted cannot be cancelled.

The Court noted that as a general rule, application seeking cancellation of the bail should be filed before the Court which granted bail, inasmuch as that Court has exclusive knowledge of the facts for grant of bail. There must be compelling circumstances or violation of bail conditions to seek cancellation before the High Court, it held.

“Section 483(3) of BNSS, 2023 is retained in verbatim of Section 439(2) of Cr.P.C. If at all the legislature is of the opinion that even in case of a discretionary order, if no proper discretion is exercised by a Court, then such orders could also be subject matter of either revision or appeal, necessarily the legislature would have carved out such power in the higher Courts namely, the High Court as against the Sessions Court or the Special Court,” the Court observed.

Thus it held that in the absence of any such power being vested in the higher Courts either under Section 483(3) of BNSS, 2023 or any other provision of BNSS, 2023 and no such power being carved out in the POCSO Act as well, bail once granted cannot be cancelled just for asking.

However, it clarified that, “No doubt, if there is a grave and serious error that has been committed by the Court while granting the bail, same can be questioned under the supervisory power under Article 227 of the Constitution of India and by invoking inherent power of this Court under Section 482 of Cr.P.C.”

Accordingly it dismissed the petition.

Appearance: Sanjay A Patil for Petitioner.

HCGP Arati Patil for R1.

Advocate Ashok B Mulage for R2.

Citation No: 2025 LiveLaw (Kar) 224

Case Title: Devibai AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO.200940 OF 2025

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