Anticipatory bail petition under BNSS for IPC offence in Crime No. 36/2018

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Published 28 October 2026

Bottom Line Up Front (BLUF)

In Mohankumar vs State By, the Karnataka High Court heard a petition for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner sought bail in connection with Crime No. 36/2018, where a charge sheet was filed for an offence under Section 384 of the Indian Penal Code.

Ratio Decidendi · Legal Principle Established

The court considered a petition for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence registered under the Indian Penal Code.

Practice & Procedural Impact for Advocates

Advocates should note that anticipatory bail petitions for offences committed before 1 July 2024, even if filed after, may cite Section 482 of the BNSS. Counsel must confirm the applicable procedural code for pending investigations and new proceedings.

Key Legal Takeaways

1Anticipatory bail petitions are filed under Section 482 of the BNSS, 2023.
2The substantive offence code (IPC or BNS) depends on the offence date.
3Procedural codes (CrPC or BNSS) depend on the proceeding's status (pending or new) as per BNSS s.531(2)(a).

Criminal Law Concordance (Old vs. New Codes)

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IPC §384BNS §308

Extortion — statutory successor under BNS, 2023

The Legal Issue The petitioner, Mohankumar, filed a petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking anticipatory bail. The petition was in relation to Crime No. 36/2018 of Maddur Police Station, Mandya District. The investigation in this case led to a charge sheet being filed against accused Nos. 1 to 3 for an offence punishable under Section 384 of the Indian Penal Code (IPC).

Court's Reasoning The Karnataka High Court heard arguments from both sides regarding the anticipatory bail petition. The case originated from a complaint filed by Sri. Ravikumar, based on which Maddur Police registered Crime No. 36/2018. The FIR initially named four unknown thieves. Following the investigation, the Investigating Officer submitted a charge sheet alleging an offence under Section 384 of the IPC.

What Follows The court considered the anticipatory bail petition filed under Section 482 of the BNSS, 2023, in the context of an offence registered under the IPC. The outcome of the anticipatory bail petition would determine whether the petitioner would be granted protection from arrest in Crime No. 36/2018.