Women Can Be Granted Bail Even in Non-Bailable Offences: Karnataka High Court
In a recent ruling, the Karnataka High Court has stated that women can be granted bail even if they are accused of serious crimes like murder. The court made this decision based on Section 437 of the Criminal Procedure Code (CrPC).
The judgment was delivered by Justice M. Nagaprasanna, in the case of Netra vs. State of Karnataka (Crl Petition No. 2306/2022). The woman, Netra, was accused of killing her husband.
Background of the Case
According to the prosecution, the incident took place late at night. The father of the deceased man found his son dead when he visited their home. Netra, the wife and the accused, had allegedly fled the scene. She was later arrested and charged with murder.
Netra’s first bail request was denied because the charge sheet had not yet been filed and she was accused of a serious, non-bailable offence.
Legal Argument and Court’s View
Netra’s lawyer argued that, under Indian law, women have special rights when it comes to bail. It was also mentioned that the co-accused in the case had already been granted bail.
The High Court referred to Section 437 of the CrPC, which allows judges to consider granting bail to women, even in non-bailable cases. The judge also referred to previous rulings where courts had taken a similar view.
Key Observation
The Court clarified that there is no strict rule saying bail must be denied in cases where the punishment includes life imprisonment or death. For women, the law allows some relaxation, and bail can be granted depending on the facts of the case.
Final Decision
After reviewing the case, the Karnataka High Court granted bail to Netra. She was released on a personal bond of ₹2,00,000.
This decision highlights how Indian courts are considering gender-specific rights and applying the law accordingly, especially under Section 437 CrPC.
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