The Supreme Court ruled that bail in murder cases cannot be granted solely based on gender or custody period. Setting aside the Karnataka High Court order, the Court stressed the need to examine serious allegations and specific overt acts.
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NEW DELHI: In a ruling on bail jurisprudence, the Supreme Court of India has set aside an order of the Karnataka High Court that granted bail to a woman accused of murder under Section 302 of the Indian Penal Code (IPC). The Apex Court held that granting bail solely on the grounds of gender and duration of custody, without examining the seriousness of allegations and overt acts, is legally unsustainable.
The judgment was delivered by a Division Bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan, which emphasized that courts must carefully evaluate the nature of the accusations, the role of the accused, and the gravity of the offense, particularly in cases involving heinous crimes like murder.
The central question before the Supreme Court was:
Whether the High Court was justified in granting bail to a murder accused primarily on the basis that she is a woman and had spent eleven months in custody, despite specific allegations involving the use of a lethal weapon.
Answering the issue in the negative, the Supreme Court categorically ruled that gender alone cannot override the seriousness of a murder charge.
Supreme Court’s Observations
The Bench strongly criticised the High Court for failing to discuss the specific overt acts attributed to the accused. The Court observed:
“In the absence of any such discussion [regarding overt acts], merely because the first respondent is a lady, who is about forty-one years of age and was in custody for about eleven months, the relief of bail has been granted which is not correct.”
The Court held that such an approach trivialises the gravity of an offence punishable under Section 302 IPC and undermines established principles governing bail.
Background of the Case
The case arose from Crime No. 2 of 2024, registered at Lakkavalli Police Station, Chikkamagaluru, on January 3, 2024. The FIR was lodged by Rekha K.C., whose husband, Naveen K.G., later succumbed to injuries allegedly inflicted by the accused using a machete.
Charges Framed
After the victim’s death, the charges were escalated, and the police filed a charge sheet under:
- Section 120B IPC – Criminal conspiracy
- Section 504 IPC – Intentional insult
- Section 302 IPC – Murder
- Read with Section 34 IPC – Common intention
The accused, Jyothibai, was arrested on January 6, 2024, and remains an undertrial in Sessions Case No. 40 of 2024 before the I Additional District and Sessions Judge, Chikkamagaluru.
Procedural History
- July 8, 2024: The trial court rejected the bail application.
- November 23, 2024: Karnataka High Court granted bail, relying on factors such as gender, lack of eyewitnesses inside the house, completion of investigation, and the proviso to Section 437(1) Cr.P.C.
- Supreme Court Appeal: Filed by the complainant challenging the High Court’s bail order.
Arguments Before the Supreme Court
Appellant (Complainant)
- The High Court failed to consider specific overt acts.
- Three prosecution witnesses supported the case.
- Risk of witness intimidation if the accused is released.
- Gender and age cannot justify bail in a murder case involving a deadly weapon.
Respondent (Accused)
- Claimed the incident occurred in self-defence.
- Highlighted the prolonged incarceration of over one year as an undertrial.
State’s Stand
- Surprisingly, the State’s counsel submitted that the High Court’s order was “just and proper”, a stance not accepted by the Supreme Court.
Supreme Court’s Final Verdict
Allowing the appeal, the Supreme Court held that the High Court had “brushed aside the serious nature of the offence” and failed to apply settled bail principles.
Directions Issued:
- The bail order dated November 23, 2024, was set aside.
- The accused Jyothibai was directed to surrender before the I Additional District and Sessions Judge, Chikkamagaluru, on or before December 31, 2025.
Case Title:
Rekha K.C. v. Jyothibai & Anr.
SLP (Crl.) No. 13801/2025
READ ORDER
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