Karnataka HC hears anticipatory bail plea under BNSS for IPC offences committed in 2021

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Published 28 October 2026

Bottom Line Up Front (BLUF)

In Abdul Rahim N K vs State By, the Karnataka High Court on 2026-10-22 heard a petition for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner sought bail for offences under Sections 143, 147, 148, 341, 307, 323, 324, 120-B read with Section 149 of the Indian Penal Code, 1860, stemming from a 2021 crime.

Ratio Decidendi · Legal Principle Established

The court entertained an anticipatory bail petition under Section 482 of the BNSS, 2023, for offences committed under the Indian Penal Code, 1860, prior to the enactment of the Bharatiya Nyaya Sanhita.

Practice & Procedural Impact for Advocates

Advocates should note that anticipatory bail applications for offences committed before 1 July 2024, though governed by the IPC for substantive law, are to be filed under the procedural provisions of the BNSS, 2023. Counsel must confirm the applicable procedural code for pending or new proceedings based on BNSS s.531(2)(a).

Key Legal Takeaways

1Anticipatory bail petitions for pre-BNS offences are filed under BNSS, 2023.
2Substantive offences committed before 1 July 2024 remain under the IPC, 1860.
3The BNSS, 2023, is the procedural code for new proceedings, even if the offence predates its enactment.

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IPC §149BNS §190

Every member of unlawful assembly guilty — statutory successor under BNS, 2023

The Legal Issue The petitioner, Abdul Rahim N K, filed a petition before the Karnataka High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking anticipatory bail. The petition related to Crime No. 133/2021 of Narasimharaja Police Station, Mysuru City, which involved offences punishable under Sections 143, 147, 148, 341, 307, 323, 324, 120-B read with Section 149 of the Indian Penal Code (IPC), 1860. The original complaint, filed by Musthafa Mohammed Usman, led to the registration of the case against accused No. 1-Amitha and five unknown persons for offences under Sections 143, 147, 148, 341, 324, 307 and 149 of the IPC, 1860.

Court's Reasoning The Karnataka High Court heard arguments from both the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent. The court proceeded to consider the anticipatory bail application under the provisions of the BNSS, 2023, despite the substantive offences having been committed in 2021, prior to the enactment of the Bharatiya Nyaya Sanhita (BNS). This indicates that while the substantive law for the offence remains the IPC, the procedural aspects, such as anticipatory bail, are now governed by the BNSS.

What Follows The court entertained the petition for anticipatory bail. The outcome of the bail application itself is not detailed in the provided excerpt. However, it establishes that for new proceedings, even if the offence predates the new criminal codes, the procedural law to be applied is the BNSS, 2023. Counsel must confirm the applicable procedural code for pending or new proceedings based on BNSS s.531(2)(a).