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A Chief Justice-led bench of the Supreme Court recently revoked the bail granted to an accused who was allegedly the kingpin of an honour killing incident.

Chief Justice NV Ramana and Justices Surya Kant and Hima Kohli also pulled up the Karnataka high court on its decision to grant such interim relief, to the primary accused in the case, who was absconding before the police arrested him.

The instant appeal was filed by one Vinod Malali who along with his wife was attacked by his wife's brother and his friends while they were returning home on their bike at about 6.45 p.m. on October 17, 2020 which resulted in the death of his wife Triveni.

The appellant who belonged to Reddy community and his wife Triveni who belonged to Maratha community, got married on May 12, 2020 at the Sub-­Registrar’s Office, Gangavati. Their marriage being an inter-caste one, was not accepted by the family members of his wife.

After their marriage, the Court was told, Triveni's brother and her other family members began to harass and pressurize her to desert her husband and come back to the family on the ground that she had married beneath her caste and dignity,  which had become a  slur on the family. However, Triveni refused to do so and continued to live with him.

Triveni's brother, who is accused no. 1, became bitter and decided to hatch a conspiracy in collaboration with his friends to commit the murder of the appellant and his wife. He also paid Rs. 2 lac to one of his friends for the same, the court noted.

It was further noted that deceased's brother along with one of his friends, attacked the appellant and Triveni with iron rods which caused Triveni to succumb on the spot and the appellant suffered grievous and critical head injuries and was admitted to the hospital.

This led the Supreme Court to observed that:

"We are of the considered opinion that the High Court was not justified   in   granting   bail   to   Respondent   No.2  herein (Accused No.4)   without   considering   the   material   evidence   pointing   towards the involvement of the said accused as the king-pin in the  crime of honour killing and for committing heinous crime for the offences punishable under Sections 302,307 and 109 read with Section 34 of the Indian Penal Code."

It was further held that the High Court failed to appreciate the gravity of offence and the specific allegations that Triveni's brother in his statement to the Police categorically said that he had given an amount of   Rs.2,00,000/­- to accused no. 2 on the instructions of Accused No.4.

"The High Court has also erred in law in not considering the fact that the appellant being the eye witness to the commission of the crime is facing threat to his life and release of Respondent No.2 (Accused  No.4) on bail has aggravated the threat to the life of the appellant", it added.

As such, the bench set aside the bail order and had directed the accused to surrender before the concerned Trial Court within a period of one week.

Cause Title: Vinod Malali v The State of Karnataka & Anr

Click here to access a copy of the order.