'Quite disheartening; pricks the conscience of this court': SC cancels bail of man in wife's murder

New Delhi" The Supreme Court cancelled bail of a man accused of a criminal conspiracy to murder his wife by giving a 'supari' to two men, while noting that the family members of the deceased retracted and turned hostile after release of the accused.

A bench of Justices Surya Kant and Dipankar Datta used its extraordinary power under Article 142 and Section 311 of the Criminal Procedure Code to recall the mother, the sister and the father of the victim for further cross examination.

Having noted "some disturbing events (retraction)", the bench said, "What has transpired thereafter (after bail) is quite disheartening, and it pricks the conscience of this court".

Before her murder, the deceased lodged five FIRs related to threat, molestation and other offences against her husband with Bengaluru police. She also filed a writ petition in Karnataka High Court for police protection.

She even made a complaint to the Karnataka Chief Minister and a women-centric organisation also came to her help, accusing Bengaluru's police of being inactive due to "extraneous consideration". 

However, she was found in a pool of blood at her flat on December 21, 2019.

Considering a plea by Munilakshmi, mother of the deceased, against the bail, the bench found "cogent and overwhelming circumstances" indicating misuse of concession of bail, making it imperative upon the court to withdraw the concession of bail forthwith in the interest of justice.

"There is a prima facie proximity between the grant of bail and an emboldening opportunity for him to win over the witnesses...The privilege of liberty extended to him, thus, deserves to be withdrawn for an effective, fair, just and unbiased conclusion of trial," the bench said.

The bench said courts have an onerous duty to ensure that the criminal justice system is vibrant and effective; perpetrators of the crime do not go unpunished; the witnesses are not under any threat or influence to prevent them from deposing truthfully and the victims of the crime get their voices heard at every stage of the proceedings.

"If a witness turns hostile for extenuating reasons and is reluctant to depose the unvarnished truth, it will cause irreversible damage to the administration of justice and the faith of the society at large in the efficacy and credibility of the criminal justice system will stand eroded and shattered," the bench said.

The court ordered the trial court to recall three witnesses (appellant, mother, sister and father of the deceased) for further cross examination by "ensuring a congenial environment, free from any kind of threat, psychological fear, or any inducement".

"It seems to us that the unusual and surprising events that have happened post the grant of bail, do make out a case for recalling the witnesses for an effective, fair and free adjudication of the trial," the bench said. 

The bench set aside the HC's August 12, 2020 order and directed Narendra Babu to surrender within a week. It directed the Commissioner of Police, Bengaluru to provide round the clock security to the three witnesses at least till their fresh deposition.

The bench also directed the  Commissioner of Police, Bengaluru to investigate as to whether the appellant and her family members  were threatened, induced, or subjected to any extraneous pressure for retracting their statements.