Completed investigation and lack of antecedents supported bail for women accused of non-capital offences.

The petitioners, accused Nos. 2 and 3, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in a case arising from the alleged theft of silver items, including a silver lion-faced idol, from Siddeshwara Temple in Katral village on 13 June 2026.

The State opposed bail, submitting that the charge sheet had been filed, property had been recovered, the petitioners were involved in other cases, and release could risk further offending, witness tampering, or interference with trial.

The petitioners denied the allegations.

The Court noted that the investigation was complete and that the petitioners were women with minor children; it also found no material before it establishing prior similar offending by them.

The Court considered the bail jurisdiction under Section 483 of the BNSS and the benefit available to women under Section 480 of the BNSS.

It observed that the alleged offences were not punishable with death or life imprisonment, carried a maximum term of ten years, and were exclusively triable by a Magistrate.

The Court also applied the principle that pre-trial custody should not operate as punishment and that apprehensions about interference with the case may be addressed through appropriate bail conditions.

The Court treated the filing of the charge sheet and the alleged recovery as relevant but not sufficient, by themselves, to justify continued pre-trial detention.

Even assuming prima facie material against the petitioners, the offences did not carry death or life imprisonment and were Magistrate-triable.

The petitioners’ status as women, their minor children, and the absence of material showing prior similar offending supported release; the Court further noted that the petitioners were implicated on the basis of a recovery following accused No. 4’s statement.

It held that the State’s concerns could be addressed by conditions requiring court attendance and cooperation, prohibiting witness tampering and further offending, and permitting an application for cancellation if the conditions were breached.

The conditions require attendance before and assistance to the trial court and, when required, the Investigating Officer; prohibit witness tampering, obstruction of further investigation, and commission of further offences; and permit the police to seek cancellation of bail for breach.