Karnataka High Court: Women Can Be Granted Bail for Non-Bailable Offenses
In a recent ruling, the Karnataka High Court clarified that women accused of non-bailable offenses, including those punishable by life imprisonment or death, can be granted bail under Section 437 of the Criminal Procedure Code (CrPC).
The case involved a woman named Netra, who was accused of murdering her husband. According to the prosecution, the deceased’s father discovered his son dead at home, while the accused had fled the scene. Later, Netra was arrested.
Initially, her bail application was denied because a chargesheet had not been filed, and the case involved a murder charge. However, her lawyer argued that under Section 437 of the CrPC, the accused, being a woman, was entitled to statutory consideration for bail. The lawyer also noted that her co-accused had already been granted bail.
Justice M. Nagaprasanna, presiding over the case, referred to Section 437 CrPC, which provides special considerations for women, and reviewed multiple case laws supporting the argument. The court observed that even in cases of severe offenses like murder, women are eligible for bail under this provision.
Based on these considerations, the court granted bail to Netra on a personal bond of Rs. 2 lakh.
This ruling underscores the importance of gender-specific statutory provisions in the Indian legal system, ensuring that women are treated with fairness even in cases involving serious allegations.
Case Details:
Case Title: Nethra vs The State of Karnataka
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