Bail conditions cannot require a bank guarantee as a pre-condition for release; such a mandate was set aside.

A bail condition requiring the accused to furnish a bank guarantee as a pre-condition for release or continuance of bail is not legally sustainable. Relying on prior Supreme Court decisions, the Karnataka High Court held that the lower court's direction to furnish a bank guarantee of Rs. 50 lakhs was illegal and set it aside. The Court observed that, although such a monetary guarantee cannot be insisted upon, other legally permissible bail conditions may continue to operate.

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Issues: Whether a condition requiring the accused to furnish a bank guarantee as part of the bail order was legally sustainable.

Analysis: The Court relied on prior Supreme Court decisions holding that a direction to furnish a bank guarantee as a pre-condition for release on bail, or for continuance of bail, is not legally sustainable. Applying that principle, the Court held that the condition imposed by the lower court requiring the petitioner to furnish a bank guarantee of Rs. 50 lakhs was illegal. The Court also observed that while such a condition cannot be insisted upon, other legally tenable bail conditions may remain in force.

Conclusion: The condition requiring furnishing of bank guarantee was set aside and the petitioner succeeded on this issue.

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