The Supreme Court on Thursday pulled up the Karnataka high court while cancelling the bail granted to actor Darshan in the Renukaswamy murder case.
A bench of Justices JB Pardiwala and R Mahadevan set aside the Karnataka high court order, saying it suffers from various infirmities, Hindustan Times earlier reported.
“We considered everything, the grant of bail as well as cancellation. It is evident that the order of High Court suffers from serious legal infirmities,” the Supreme Court said.
“The order fails to record any special or cogent reasons for granting bail under Sections 302, and 34 IPC. Instead, it reflects a mechanical exercise of discretion formed by significant omission of legally relevant facts. Moreover, the high court undertook an extensive examination of witness statements at pre-trial stage, highlighting alleged contradictions and delays, issues that are inherently matters for the trial court to assess in cross-examination. The trial court is alone the appropriate forum for evaluating the credibility and liability of the witnesses,” Live Law quoted the apex court bench as saying.
The Supreme Court further said that granting bail in “such a serious case” without adequately considering the nature and gravity of the offence, the accused's role, and the tangible interference with the trial are among the prerogatives and unwarranted exercise of discretion.
{{/usCountry}}The Supreme Court further said that granting bail in “such a serious case” without adequately considering the nature and gravity of the offence, the accused's role, and the tangible interference with the trial are among the prerogatives and unwarranted exercise of discretion.
{{/usCountry}}“The well-founded allegations of witness interpretation, coupled with compelling forensic and circumstantial evidence further reinforce the cancellation of bail. Consequently, the liberty granted under the impugned order poses a real and eminent threat to the fair administration of justice and risk derailing of the trial. In light of these circumstances, this Court is satisfied that it calls for the extraordinary jurisdiction under Section 439 CrPC...Article 14 guarantees equality before law and prohibits arbitrariness. It mandates that all persons regardless of their popularity or privilege are equally subject to law. In view of the foregoing, all these appeals are allowed. The order dated December 13, 2024, is set aside and the bail granted to the accused person is hereby cancelled,” it said in the order.
The judgment came on an appeal filed by the Karnataka government against the state high court's December 13, 2024, order of bail to Darshan and the co-accused.
Meanwhile, Justice Pardiwala warned the state that if the court comes across any evidence by way of video or photograph showing that the accused was enjoying special privileges in jail, the court will summon the state officials.
“Justice delivery system at any level should ensure the rule of law is maintained. However big a person may be, he cannot be above the law. The day we know that the accused are provided with special or 5 star jail facilities, the first thing will be to put the jail superintendent under suspension”, he said.
The court, while cancelling the bail of Darshan and others, directed the trial to be expedited.
Later on Thursday evening, Darshan was taken into police custody.
Darshan, along with actress Pavithra Gowda and several others, is accused of abducting and killing 33-year-old Renukaswamy, a fan who allegedly sent obscene messages to Pavithra. The state government moved the apex court against the bail to Darshan and six other accused on January 6.
Darshan was arrested on June 11, 2024, two days after the body of Renukaswamy was discovered in a drain. In the police charge sheet, filed in September 2024, Gowda is named as the prime accused and Darshan as the second accused. Police alleged that Renukaswamy was harassing Gowda with lewd texts and images, apparently blaming her for Darshan’s marital discord.