#CrPC Section 438

Karnataka High Court rules that once anticipatory bail is granted under Section 438 CrPC (or corresponding BNSS provision), the accused cannot be taken into custody merely because a regular bail application is pending. The decision reinforces the statutory intent of anticipatory bail as a safeguard against arrest, not a conditional liberty subject to judicial whims.

Patna High Court grants provisional anticipatory bail under Section 438 CrPC but mandates verification of exactly four prior criminal cases; concealment of antecedents nullifies bail. The ruling establishes that courts may impose conditional bail tied to factual disclosure, reinforcing accountability in bail proceedings.