SC refuses more time for Congress MLA to surrender in BJP leader murder case
The bench declined to entertain request made by Vinay R Kulkarni’s counsel, who urged court to grant him at least a week’s extension to comply with June 6 order
The Supreme Court on Friday rejected a plea by Karnataka Congress legislator and former minister Vinay R Kulkarni seeking an extension of time to surrender, a week after his bail was cancelled in connection with the 2016 murder of Bharatiya Janata Party (BJP) leader Yogesh Gowda.
A bench of justices Prashant Kumar Mishra and Manmohan declined to entertain the request made by Kulkarni’s counsel, who urged the court to grant the sitting legislator at least a week’s extension to comply with the June 6 order.
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“He is a sitting MLA and also the chairman of the Karnataka Urban Water Supply and Drainage Board,” submitted the counsel, requesting the bench to show indulgence and give him at least a week more.
The court remained unmoved. “No. You surrender as per this court’s order. The request is rejected,” said the bench, affirming the directive that Kulkarni must surrender within one week of the June 6 ruling.
The top court had earlier cancelled the bail granted to Kulkarni after finding that he had violated its conditions by influencing key witnesses during the ongoing trial. The Central Bureau of Investigation (CBI), which is probing the case, presented material showing that Kulkarni had attempted to contact and influence prosecution witnesses through associates. The court said that Kulkarni’s conduct undermined the sanctity of the trial.
{{/usCountry}}The top court had earlier cancelled the bail granted to Kulkarni after finding that he had violated its conditions by influencing key witnesses during the ongoing trial. The Central Bureau of Investigation (CBI), which is probing the case, presented material showing that Kulkarni had attempted to contact and influence prosecution witnesses through associates. The court said that Kulkarni’s conduct undermined the sanctity of the trial.
{{/usCountry}}Kulkarni, the sitting MLA from Dharwad, is facing trial in connection with the murder of Gowda, a BJP leader and then Dharwad Zilla Panchayat member.
{{/usCountry}}Kulkarni, the sitting MLA from Dharwad, is facing trial in connection with the murder of Gowda, a BJP leader and then Dharwad Zilla Panchayat member.
{{/usCountry}}Gowda was killed outside his gym in 2016 in what was alleged to be a politically motivated attack.
{{/usCountry}}Gowda was killed outside his gym in 2016 in what was alleged to be a politically motivated attack.
{{/usCountry}}A case under Sections 302 (murder), 120B (criminal conspiracy), and other provisions of the Indian Penal Code (IPC) was initially registered by the local police.
{{/usCountry}}A case under Sections 302 (murder), 120B (criminal conspiracy), and other provisions of the Indian Penal Code (IPC) was initially registered by the local police.
{{/usCountry}}In September 2019, the Karnataka government handed over the case to CBI, which re-registered the FIR and filed three supplementary chargesheets naming 15 accused, including Kulkarni. He was arrested by the CBI on November 5, 2020, and later granted bail by the Supreme Court in August 2021 under strict conditions.
Kulkarni was barred from entering Dharwad district and was specifically instructed not to directly or indirectly contact or influence any witnesses. CBI moved for cancellation of his bail in December 2024, citing repeated violations of these conditions.
On June 6, a separate bench of justices Sanjay Karol and Satish Chandra Sharma cancelled the bail granted to Kulkarni in August 2021, finding sufficient material to conclude that he had attempted to interfere with witnesses.
“It would suffice to state that there is sufficient material on record to suggest that attempts have been made by the respondent (Kulkarni) to either contact witnesses or alternatively, influence such witnesses,” the bench had then noted.
The court’s decision came on a petition filed by CBI, which submitted call records, CCTV footage and photographs to support its claim that Kulkarni had tampered with key witnesses, including a former accused-turned-approver.
The agency specifically alleged that Kulkarni tried to reach out to prosecution witnesses Nagappa Bairagonde and Suresh Jagdev Hulle through intermediaries. More notably, the CBI claimed that he approached Shivanand Shreshail Biradar -- an accused who later turned approver to support the prosecution’s case, to influence his deposition. The agency said Biradar retracted his earlier statement after being pressured in November 2024.
The bench found the evidence credible and said that continuing Kulkarni’s bail would defeat the ends of justice.
“Keeping in mind the totality of circumstances, this court is of the considered opinion that the bail granted to the respondent ought to be cancelled,” stated the June 6 order, directing Kulkarni to surrender before the trial court or jail authorities within a week.
In that order, the Supreme Court also took exception to a trial court’s April 25 decision refusing to cancel Kulkarni’s bail on the grounds that it was granted by the apex court.
The top court clarified that the sessions court was competent to entertain a plea under Section 439(2) of the CrPC to cancel bail on grounds of violation of conditions, even if the bail was originally granted by a constitutional court. It added that the August 2021 bail order had left it to the trial court to set appropriate conditions for Kulkarni’s release, thus implicitly giving it the authority to oversee compliance.
