The Supreme Court on Friday cancelled the bail granted to former Karnataka minister Vinay Kulkarni in connection with a 2016 case related to the murder of BJP worker Yogesh Gowda.
A bench of justices Sanjay Karol and Satish Chandra Sharma passed the order while noting that there was sufficient material on record to suggest that attempts were made by Kulkarni to either contact the witnesses or alternatively, influence them."Keeping in mind the totality of circumstances, this court is of the considered opinion that the bail granted to the respondent (Kulkarni) ought to be cancelled. Consequently, the bail granted to accused No. 15, i.e., the respondent, is hereby cancelled," the bench said.
It also directed Kulkarni to surrender before the concerned trial court or jail authority within one week from Friday.The apex court passed the order on an appeal filed by the state of Karnataka through the Central Bureau of Investigation (CBI), challenging an order passed by a trial court in Bengaluru in April this year.The CBI filed an application before the trial court seeking cancellation of bail granted to two accused, including Kulkarni.
The trial court declined to interfere in Kulkarni's matter on the ground of maintainability in view of the fact that bail was granted to him pursuant to the apex court's August 2021 order.The CBI alleged that the two accused attempted to contact some witnesses through their friends and known persons to depose against the prosecution.
During the arguments before the apex court, Additional Solicitor General S V Raju, appearing for the CBI, contended that the accused tried to wield influence and attempted to contact and influence prosecution witnesses.Senior advocate Maninder Singh, appearing for Kulkarni, opposed the prayer for cancellation of bail, contending that no conditions imposed upon Kulkarni was violated and that he was a responsible lawmaker who never meddled with the administration of justice.
The bench observed that the trial court was entitled to entertain an application seeking cancellation of bail on grounds of violation of bail conditions imposed by it, notwithstanding the fact that bail was granted by the apex court. "Having given our anxious consideration to the rival contentions, we deem it appropriate to consciously refrain from making detailed observation(s) in respect of the allegation(s) levelled by the CBI against the respondent in view of the fact that the underlying trial is ongoing," the bench said.
"Be that as it may, it would be suffice to state that there is sufficient material on record to suggest that attempt(s) have been made by the respondent to either contact the witnesses or alternatively, influence such witnesses," it said. The bench also directed the trial court to make endeavour to conclude the trial expeditiously, without being influenced by any of the observations made by the top court.
The CBI arrested Kulkarni in November 2020 for his alleged involvement in the murder of Gowda.The apex court said in its August 2021 order that Kulkarni be produced before the concerned trial court within three days and bail be granted to him subject to conditions to be imposed by the court.Gowda, a BJP zila panchayat member, was killed in his gym in Dharwad district in June 2016.
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