Bail : Mere consideration of gender, age, and duration of custody without discussion on the overt acts alleged, bail not justified

Supreme Court Overturns Karnataka High Court's Bail Decision in Serious Offence Case Apex Court Emphasizes Need for Detailed Analysis of Allegations in Granting Bail for Grave Charges

In a significant ruling, the Supreme Court of India has set aside a Karnataka High Court order that granted bail to Rekha K.C., an accused in a serious criminal case. The Supreme Court bench comprising Justices B.V. Nagarathna and R. Mahadevan delivered the judgment on December 16, 2025, highlighting the necessity for a thorough examination of the allegations and evidentiary support before granting bail in cases involving grave offences.

The case stems from an incident reported on January 3, 2024, resulting in the arrest of Rekha K.C. by the Lakkavalli Police Station in Chikkamagaluru. Initially charged with offences under Sections 504, 307 read with Section 34 of the Indian Penal Code, the charges were later revised to include Sections 120B, 504, and 302 read with Section 34, following the death of the victim, Naveen, due to injuries inflicted by a machete.

The appellant, Rekha K.C., had been in custody for 11 months when the High Court granted bail, citing her gender, age, absence of criminal antecedents, and the completion of the investigation. The High Court's decision was challenged by the complainant, leading to the Supreme Court's involvement.

The Supreme Court's judgment emphasized that mere consideration of factors such as gender, age, and duration of custody is insufficient without a detailed analysis of the overt acts attributed to the accused, especially in cases involving serious allegations. The Court criticized the High Court for not adequately discussing the specific acts alleged against Rekha K.C., noting that such an omission undermines the justice process in serious offence cases.

The Supreme Court's order requires Rekha K.C. to surrender before the Court of First Additional District and Sessions Judge, Chikkamagaluru, by December 31, 2025. The decision underscores the judiciary's commitment to ensuring that bail decisions in serious criminal cases are made with due regard to the gravity of the charges and the evidence presented.

Bottom Line:

Mere consideration of factors like gender, age, and duration of custody without discussion on the overt acts alleged against the accused is not justified for granting bail.

Statutory provision(s): Section 437 of the Criminal Procedure Code, 1973, Sections 120B, 504, 302, 34 of the Indian Penal Code.

Rekha K.C. v. Jyothibai, (SC) : Law Finder Doc Id # 2823385