Women Can Be Given Bail Even for Non-Bailable Offences: Karnataka HC
In a landmark decision, the Karnataka High Court has ruled that women can be granted bail even for non-bailable offences such as murder. This ruling highlights the court’s reliance on Section 437 of the Criminal Procedure Code (CrPC) to protect women’s rights in the justice system.
Case Background
A single judge bench, led by Justice M Nagaprasanna, reviewed the petition filed by Netra, who was accused of murdering her husband. The prosecution claimed that the deceased’s father found his son dead at home while Netra had fled the scene. She was later arrested and charged with murder.
Bail Application and Denial
Netra’s initial bail application was denied because the charge sheet had not been filed, and she was facing serious accusations. However, her lawyer argued that, as a woman, Netra was entitled to bail under the law. It was also noted that her co-accused had already been granted bail.
Court’s Observations and Decision
The court referred to Section 437 of the CrPC, which allows special consideration for women when granting bail. Justice Nagaprasanna cited multiple case laws supporting the view that women accused of serious crimes, including murder, can still be granted bail. As a result, the court granted Netra bail on a personal bond of Rs. Two lakh.
Implications of the Ruling
This decision underscores the legal provisions designed to protect women’s rights within the Indian judicial system. By granting bail to Netra, the Karnataka High Court has set a significant precedent that reinforces the consideration of women’s circumstances in legal proceedings.
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