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Munilakshmi vs. Narendra Babu & Anr.

Criminal Appeal · 2023 INSC 943Decided 20 Oct 2023
Criminal Appeal No. 3297 of 2023
Surya Kant · Dipankar Datta

Background

Vinutha M., the appellant's daughter, was allegedly harassed for years by her husband Narendra Babu (Respondent No. 1), who was having an extramarital affair and wanted her to agree to divorce; she filed several FIRs alleging assault, an attempt to set her on fire, an attempted attack with an axe, and a contract-killing threat. In December 2019, she was found dead in her apartment in a pool of blood, and the investigation concluded that Narendra Babu had conspired with two others to have her killed for money. The High Court granted him bail in August 2020, reasoning the specific conspiracy charges needed trial to prove. After bail was granted, the deceased's mother, sister, and daughter, key prosecution witnesses, reversed their earlier statements during cross-examination, prompting the mother to approach the Supreme Court seeking cancellation of bail and recall of these witnesses.

Decision Breakdown

The Supreme Court found a strong prima facie connection between Narendra Babu's release on bail and the sudden hostility of the crucial family witnesses, holding that this amounted to abuse of the liberty granted to him and posed a threat to a fair trial. It cancelled his bail and directed him to surrender within a week, to remain in custody till the conclusion of trial or until released in changed circumstances. Invoking its powers under Article 142 of the Constitution and Section 311 of the Code of Criminal Procedure, the Court directed the trial court to recall the three witnesses for fresh cross-examination in a threat-free environment, ordered round-the-clock police protection for the appellant and her family, and directed the police to investigate whether the family had been threatened or induced to retract their statements. The Court clarified it was not commenting on the merits of the pending trial.

Lesson Learnt

Bail can be cancelled where there is a real link between an accused's release and witnesses turning hostile, and courts have wide power under Article 142 and Section 311 CrPC to recall witnesses to protect the fairness and integrity of a criminal trial.

Official source (sci.gov.in)View Judgment (PDF)

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