Recently, the Karnataka High Court held that it’s not the law that bail should be denied for offences which are punishable by life in prison or death

A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Netra who has been accused of murdering her husband, and granted her bail relying on section 437 of the Criminal Procedure Code (CrPC).

As per the prosecution when the deceased’s father reached the house at midnight, he saw his son lying dead and the accused (wife) had run away. Later she was arrested.

When the woman applied for bail, her application was denied as the charge sheet was not filed and she is a murder accused.

The woman’s lawyer then submitted before the court that as a woman the accused is statutorily entitled to bail and it was also pointed out that the co-accused has already gotten bail.

The court referred to Section 437 of CrPC and observed that as the accused is a woman, she is entitled to consideration under section 437 CrPC.

The court also relied on multiple case laws and has observed that the accused is entitled to bail even if she is accused of murder.

Therefore, the court granted bail to the accused on a personal bond of Rs. Two lakh.

Title: Nethra vs the State of Karnataka

Case No.: Crl Petition No. 2306/2022