HC grants bail to DSK’s wife in VAT evasion case

Mumbai The Bombay high court has granted bail to Hemanti Kulkarni, the wife of DSK developers director Deepak S Kulkarni

Mumbai The Bombay high court has granted bail to Hemanti Kulkarni, the wife of DSK developers director Deepak S Kulkarni. Hemanti was arrested with her husband and son in 2019 for not depositing VAT amount of ₹13 crore which was collected from flat buyers between 2006 and 2009. Apart from being accused and booked of offences under Indian Penal Code, the family was also booked under Maharashtra Value Added Act.

Pune, India - Feb. 7, 2018: DS Kulkarni along with his wife Hemanti at Economic Offences Wing (EOW) in Pune, India, on Wednesday, February 7, 2018. (Photo by Pratham Gokhale/Hindustan Times) (Pratham Gokhale/HT Photo)

The HC held that as the business was being run by the father and son and Hemanti was only the wife and mother of the accused and no specific offence was attributed to her, as she had already been in jail for more than three years it was granting bail.

The single judge bench of justice Prakash Naik while hearing the bail application of Hemanti was informed by advocates Samir Vaidya and Dwyani Dhawale that their client was 61 years old and had been arrested in May 2019. The bench was informed that she had been behind bars for more than three years though no specific role was attributed to her in the case, hence she should be released on bail.

The bench was further informed that the investigation was completed and chargesheet was filed in the case hence no fruitful purpose would be served by keeping her in jail. It was submitted that she had been granted bail in another case of 2017 on the ground that she was the wife of DSK and had no active role to play in the fraud though she was the wife of the chairman and mother of the director of the company. The bench was assured of her cooperation and attendance during trial.

Additional public prosecutor A A Palkar for the state opposed the application and stated that there was misappropriation of VAT amount to the tune of Rs. 13 crores and she was involved in one more case registered in 2017. “The co-accused would claim parity in the event bail is granted to applicant. Huge amount of VAT tax is misappropriated by accused; hence bail cannot be granted to the applicant,” Palkar had submitted.

After hearing the submissions, the bench however referred to the 2017 case wherein she was granted bail and said, “It was considered that the prime role was played by other accused and that the applicant is a lady. Apparently, accused No. 1 is the chairman and accused No.3 is the director. They are father and son. The applicant is wife of accused No.1. Her role can be distinguished. She is in custody from the date of arrest. She is aged around 61 years. She was not the main person actively conducting afairs of company. Thus, considering the role of the applicant and for the reasons stated herein above, bail can be granted to the applicant.”

The HC granted her bail on a personal bond of ₹50000 and cash surety of like amount.