Karnataka High Court grants bail to woman accused of killing husband for opposing extra-marital affair

By Vinaykumar Patil | First Published Jun 21, 2024, 12:06 PM IST

The Karnataka High Court granted bail to Harshita, accused of murdering her husband to continue an illicit affair, under Section 437(1) of the CrPC, which permits bail for women in serious cases. Despite her alleged involvement in the conspiracy, the court considered her age and legal rights, requiring her to post a Rs. 1 lakh bond.

The High Court of Karnataka has granted bail to a woman accused of murdering her husband to continue an illicit relationship with her lover. The decision was based on Section 437(1) of the Code of Criminal Procedure (CrPC) - 1973, which permits bail for women even in serious criminal cases.

Harshita, a resident of Kunigal, was granted bail by Justice S. Vishwajit Shetty after she filed a criminal petition seeking her release from judicial custody. Harshita, who was in jail since December 12, 2023, had been accused of conspiring with her lover and five others to kill her husband, Manjunath.

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What was the case?

Harshita was married to Manjunath but maintained a relationship with another man, the first accused in the case, even after her marriage. According to the prosecution, Harshita and her lover conspired to eliminate Manjunath, who was seen as an obstacle to their affair.

On February 3, 2023, the first accused allegedly paid Rs. 50,000 to five others to carry out the murder. The five accused entered Harshita's house, found Manjunath sleeping, and beat him to death with a rod. They then disposed of his body by a lake.

The Kunigal police registered an FIR and arrested Harshita, her lover, and the five others involved. Harshita's initial bail plea was rejected by the subordinate court, prompting her to approach the High Court.

Advocate D. Mohan Kumar, representing Harshita, argued that she was innocent and not involved in the actual murder. He highlighted that Harshita is only 20 years old and cited Section 437(1) of the CrPC, which allows for bail to be granted to women even if they are accused of serious crimes like murder.

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Considering the charges and the legal provisions, the High Court decided to grant Harshita bail. The bench stipulated that she must post a personal bond of Rs. 1 lakh and attend all trial court hearings. Additionally, she must not threaten any witnesses involved in the case.

This decision underscores the application of Section 437(1) CrPC in providing bail to women accused of grave offences, reflecting the court's consideration of both the nature of the charges and the legal rights of the accused.

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