SC pulls up Karnataka HC over bail granted to Darshan in 2024 murder
A bench of justices JB Pardiwala and R Mahadevan reserved its verdict on the Karnataka government's appeal seeking cancellation of the high court's December 13, 2024 order granting bail to the actor and co-accused.
'What is troubling us is the approach of the high court. Look at the manner in which the matter (of bail) has been dealt with…We are sorry to say this, but does the high court dictate similar orders in all bail applications,' the bench remarked.
The bench questioned the high court judge's approach in seeking grounds of arrest in a murder case.
'Lastly, he (the high court judge) says grounds of arrest not provided in a murder case. Is this his understanding? This is a high court judge. We want to understand while exercising discretion has the high court rightly applied its mind judicially,' it added.
Earlier, the top court on July 17 expressed its reservation over the high court granting bail to the accused and said it was 'not at all convinced' by the manner in which the discretionary power was exercised.
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.
Senior advocate Siddharth Dave, appearing for Darshan, argued that evidence in the case raises doubts on the prosecution story as he pointed out the long delay of 12 days by one of the two eyewitnesses in recording evidence before the police.
Terming the discretion adopted by the judge to be 'perverse', the top court bench asked Dave: 'On a lighter vein, do you not think the high court has given an order of acquittal? … We are not going to commit the same mistake that the high court committed by deciding conviction or acquittal.'
The Karnataka government, represented by senior advocate Siddharth Luthra and others, argued that the bail granted by the high court was unjustified, especially in a case involving serious charges under Section 302 (murder) of the IPC.
Luthra argued the high court effectively granted a 'pre-trial acquittal' without properly examining key evidence, including statements of eyewitnesses and forensic findings.
Pavitra Gowda's lawyer sought to claim her innocence in the case alleging that no injury or blow to the deceased was attributable to her. The bench dismissed the claim, saying: 'All this has happened because of you. If you had not been there, A2 (Darshan) would not have been interested and neither would others have been interested. You are the root cause.'
Darshan was arrested on June 11, 2024, two days after the body of Renukaswamy, a fan of the actor, 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.
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