S.482 BNSS | Accused Need Not Surrender Before Jurisdictional Magistrate To Avail Anticipatory Bail: Andhra Pradesh High Court

The Andhra Pradesh High Court held that Section 438 CrPC/Section 482 BNSS does not require an accused to surrender before the jurisdictional Magistrate as a condition for availing anticipatory bail. 

While modifying the Sessions Court's direction requiring the petitioner to surrender before the jurisdictional Magistrate within seven days, the Court observed that an anticipatory bail order must provide for the accused's release in the event of arrest and cannot make such relief conditional upon surrender before a Magistrate.

A Single Judge Bench of Justice Y. Lakshmana Rao observed:

"Importantly, Section 438 of the Cr.P.C. / Section 482 of the BNSS does not contemplate a requirement that the Petitioner must surrender before the jurisdictional Magistrate and only upon such surrender be released on bail.

An order of anticipatory bail must strictly conform to the procedure laid down under Section 438 of the Cr.P.C.,‟ / Section 482 of the BNSS‟, and not otherwise."

The petitioner approached the High Court seeking extension of time to comply with a condition imposed while granting anticipatory bail. The Sessions Court had directed her to surrender before the jurisdictional Magistrate within seven days after which she would be enlarged on bail subject to certain conditions.

The petitioner submitted that she had already been taken into judicial custody before the grant of anticipatory bail and, therefore, could not comply with the condition. She also expressed her willingness to comply with the remaining conditions imposed by the Sessions Court.

Examining Section 438 Cr.P.C. and Section 482 BNSS, the High Court observed that both provisions require the court to direct that, in the event of arrest, the accused shall be released on bail. They do not contemplate a direction requiring the accused to first surrender before the jurisdictional Magistrate.

Holding that the condition imposed by the Sessions Court was contrary to the statutory scheme governing anticipatory bail, the High Court modified the order. It directed that, in the event of the petitioner's arrest, she shall be released on bail on executing a personal bond of ₹10,000 with two sureties of the like amount to the satisfaction of the Station House Officer concerned.

Accordingly, the criminal petition was disposed of.

Case Title: T. Gevanamma v. State of Andhra Pradesh

Case No.: Criminal Petition No. 4775 of 2026

Counsel for the Petitioner: D. Purnachandra Reddy

Counsel for the Respondent: Public Prosecutor

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