In a significant decision, the Karnataka High Court recently ruled that women can be granted bail even for non-bailable offences, including those punishable by life imprisonment or death. This ruling was made by a single judge bench of Justice M Nagaprasanna in the case of Netra, a woman accused of murdering her husband.
Netra had filed a petition for bail under Section 437 of the Criminal Procedure Code (CrPC). The prosecution stated that when the deceased’s father arrived at their house at midnight, he found his son dead, and Netra had fled the scene. She was later arrested and her initial bail application was denied because the charge sheet had not been filed, and she was accused of murder.
Netra’s lawyer argued in court that, as a woman, she is legally entitled to bail. It was also noted that a co-accused in the case had already been granted bail. The court referred to Section 437 of the CrPC, which allows for the granting of bail to women, and concluded that Netra was entitled to this consideration.
Justice M Nagaprasanna relied on various case laws to support the decision, observing that women are entitled to bail even in cases of serious accusations like murder. Consequently, the court granted bail to Netra on a personal bond of Rs. Two lakh.
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