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Bombay High Court

RENUKA NIKHL KHANNA @ JAKHARversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court granted bail to the accused on the condition of a bond and compliance with specified safeguards.

Summary

The Bombay High Court considered a regular bail application under Section 439 of the CrPC and Section 483 of the Bharatiya Nagarik Suraksha Sanhita filed by Renuka Nikhil Khanna, accused of murdering her husband under Section 302 IPC. The applicant had been in custody for over two years and suffered a serious spinal condition, for which temporary bail had previously been granted for medical treatment. The State argued that the seriousness of the charge and the imminent trial, with a limited number of witnesses, warranted denial of bail. The Court, noting the applicant’s infirm health, prolonged pre‑trial detention, and medical reports recommending physiotherapy over immediate surgery, found these factors sufficient to justify bail. Accordingly, the Court released the applicant on bail conditioned on a bond, regular reporting, and compliance with other safeguards, and disposed of the pending interim application.

Issues considered

  • Whether an accused of murder under Section 302 IPC is eligible for bail under Section 439 CrPC and Section 483 Bharatiya Nagarik Suraksha Sanhita.
  • Whether the applicant’s serious medical condition and prolonged pre‑trial incarceration warrant the grant of bail.
  • Whether the pending trial schedule and limited number of witnesses affect the bail decision.
  • Whether imposing strict conditions can safeguard the trial process while granting bail.

Legislation cited

Subjects

  • bail
  • murder
  • Section 302 IPC
  • Section 439 CrPC
  • Section 483 Bharatiya Nagarik Suraksha Sanhita
  • medical condition
  • pre‑trial detention
  • high court

Judgment

                                                                 38. BA 1007-25 & IA 2292-26.odt


Amberkar

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION


                             BAIL APPLICATION NO. 1007 OF 2025
                                           WITH
                           INTERIM APPLICATION NO. 2292 OF 2026

           Renuka Nikhil Khanna @ Jakhar                    .. Applicant
                       Versus
           State of Maharashtra                             .. Respondent
                                       ....................
            Mr. Satyam Harshad Nimbalkar a/w Mr. Harshwardhan M. Pawar
              i/by Mr. Abhishek Ulhas Arote, Advocates for Applicant
            Ms. Sangeeta E. Phad, APP for State
            Mr. Riyaz Sayyed, PSI, Wanwadi Police Station
                                           ...................
                                          CORAM : MILIND N. JADHAV, J.
                                          DATE          : SEPTEMBER 8, 2026
           P. C.:

           1.       Heard Mr. Nimbalkar, learned Advocate for Applicant and Ms.

           Phad, learned APP for State.


           2.       This is a Regular Bail Application filed under Section 439 of the

           Code of Criminal Procedure, 1973 / 483 of Bharatiya Nagarik

           Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No. 573

           of 2023 registered with Wanawadi Police Station, Pune for the offence

           punishable under Section 302 of the Indian Penal Code, 1860 (for

           short "IPC").


           3.       The Applicant before me is the wife of the deceased victim. She

           is accused and charged with commission of murder of her husband.



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The incident in question was preceded by a quarrel which erupted

between the two of them, in which the Applicant also suffered certain

injuries. Death of the victim husband occurred by he having received a

blow on the back of his head on he having been pushed and having

fallen down on some heavy sharp object.


4.    The Applicant was arrested on 24.11.2023. She is 41 years old.

She has suffered incarceration of more than 2 years 10 months. She

was granted temporary bail on 17.04.2026 by this Court for a period

of three months for undergoing surgery on her spine due to spinal

problem / degeneration of her neck and back region. The report of

the Neurosurgeon which was submitted by the Applicant was duly

considered by this Court while granting temporary bail. The said order

for temporary bail came to be extended on a couple of occasions and

ultimately on 31.07.2026, the Applicant was directed to surrender,

which she duly did on 04.08.2026.


5.    In the interim, it is prima facie seen that the Applicant did go in

for an opinion to have the surgery, but in view of physiotherapy having

been undertaken by her, she was advised surgery at a deferred date

due to satisfactory response to the physiotherapy undertaken by her.


6.    The consultation report dated 15.07.2026 issued in the interim

has been also considered by the Medical Superintendent of Sassoon



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General Hospital while giving a report to this Court. The said report

has also been considered by the Orthopedic Department Head of B.J.

Medical College and Sassoon General Hospital for giving the latest

medical report of the Applicant dated 04.08.2026. Prima facie reading

of the above report shows that the Applicant requires regular spinal

exercises for strengthening her back muscles at least twice a day,

physiotherapy supervision on a regular basis, and follow-up in the

hospital every four weeks. She has to avoid forward bending at all

costs and avoid lifting of weight of more than 5 kgs as stated therein,

which is certified by Sassoon General Hospital also. All this is primarily

because the clinical presentation acknowledges and states neck pain

and pain in the lower back of the Applicant's body, and more

specifically on the right side spreading to the gluteal region, which

gets worse in the morning and which leads to severe difficulties.


7.    Though the learned APP would vehemently object considering

the report which was given in the interim and the latest report which

was called upon by this Court which has been placed on record dated

04.08.2026 on the ground that the Applicant is charged with murder

of her husband and the trial, though not having commenced, will

commence soon and will be over in the shortest possible time, I am not

inclined to accept the same. In all fairness, the learned APP submits

that there are 16 witnesses only to be examined by the Trial Court,


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and not all of them will be examined, and at the highest only 10 to 12

witnesses will be examined and the trial will be concluded

expeditiously. Hence she would persuade this Court not to grant bail,

but expedite the trial.


8.    I have considered the submissions made by learned APP. In a

given situation where the Applicant had been a normal case, I would

have certainly agreed with the submissions made by her. However, in

the present case, it is primarily seen that the Applicant is having severe

physical difficulty. Previous orders of this Court which were passed by

both my predecessors show and certify this fact that her medical

difficulty has been taken into account either while granting temporary

bail or while extending the time of temporary bail.


9.    It is also prima facie seen from the material placed on record

that the surgery which she is advised in April 2026 cannot be ruled out

in the event if there is no result in recovery, since the medical

examination prima facie shows and certifies that there is tenderness in

the para-spinal region of the Applicant.


10.   In that view of the matter, considering the additional grounds of

the Applicant's present physical state as also the fact that the Applicant

is incarcerated for more than 2 years 10months pending trial, on the

ground of long incarceration of the Applicant and the Applicant being



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an infirm woman, I am inclined to release the Applicant on bail on the

following conditions:-:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with C.R. No. 573/2023;

          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

                only) with one or two sureties in the like amount;

          (iii) Applicant shall report to the concerned Investigating

                Officer once every month on the first Monday of the

                month between 10:00 a.m. to 12:00 p.m.;

          (iv) Applicant shall co-operate with the conduct of trial and

                attend the Trial Court on all dates, unless specifically

                exempted    and    will   not   take    any     unnecessary

                adjournments, if she does so it will entitle the

                prosecution to apply for revocation of this order;

          (v) Applicant shall not leave the State of Maharashtra

                without prior permission of the Trial Court;

          (vi) Applicant shall not influence any of the witnesses or

                tamper with the evidence in any manner;

          (vii) Applicant shall keep the Investigating Officer informed

                of her current address and mobile contact number

                and / or change of residence or mobile details, if any,


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                                         from time to time, as applicable; and

                            (viii)Any infraction of the conditions shall entail cancellation

                                         of bail granted to the Applicant.

           11.      Needless to state that the above observations will not come in

           the way of trial as they are prima facie in nature based on the

           submissions made and the material placed before this Court.


           12.      Bail Application is allowed and disposed of in the above terms.

           Pending Interim Application is also disposed.


Amberkar                                                        [ MILIND N. JADHAV, J. ]


                      Digitally signed
                      by RAVINDRA
           RAVINDRA MOHAN
                    AMBERKAR
           MOHAN    Date:
           AMBERKAR 2026.09.08
                      20:23:34
                      +0530




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