In the previous posts on bail decision making in India, we noted the relationship between decision making in lower courts and the under-trial prison population. We suggested that substantive law should separately recognise pre-trial and under-trial detention as considerations while granting bail should be different at each stage. An extension of this is that conditions of bail should also vary depending on the severity of the offence and the stage of the criminal justice process. In this post, we explore the different kinds of conditions that courts regularly imposed in Bengaluru, Tumakuru and Dharwad.
In CLPR’s research on bail decision making in Karnataka, we have designed a qualitative study of court observations over a period of 45 days in lower criminal courts.