The Supreme Court on Friday allowed the Central Bureau of Investigation (CBI)’s plea seeking cancellation of Congress MLA and former Karnataka Minister Vinay Kulkarni’s bail in connection with the murder of BJP worker Yogesh Gowda over allegations of witness-tampering.
A bench of Justices Sanjay Karol and Satish Chandra Sharma took note of the CBI’s submission that the accused attempted to contact witnesses through their friends and known persons to depose against the prosecution.
The Justice Karol-led Bench “consciously” refrained from making detailed observations in respect of the allegation of witness-tampering but said that there was “sufficient material on record” to suggest that attempts were made by Kulkarni to “either contact witnesses or alternatively, influence such witnesses”.
“Therefore, keeping in mind the totality of circumstances, this Court is of the considered opinion that the bail granted to the Respondent (Vinay Kulkarni) ought to be cancelled,” said the top court.
It asked Kulkarni, presently the Chairman of the Karnataka Urban Water Supply and Drainage Board, to surrender before the concerned trial court or jail authority within a period of one week.
The Supreme Court asked the trial court to make endeavours to conclude the trial expeditiously, without being influenced by any of its observations contained in the order cancelling bail of Kulkarni.
Earlier, the trial court had taken a view that it did not have the jurisdiction to consider the CBI’s application seeking cancellation of regular bail since Kulkarni was enlarged on bail by the Supreme Court.
In its order, the apex court said that the trial court’s view was not in consonance with its decision in Gurcharan Singh v. State (Delhi Admn.) case, and the court below could have entertained an application seeking cancellation of bail on the grounds of violation of bail conditions notwithstanding the fact that bail was granted by the Supreme Court.
On Thursday, the Justice Karol-led Bench turned down the request of Kulkarni’s counsel to adjourn the hearing till next week for bringing certain documents which were filed before the trial court.
After much persuasion, the Justice Karol-led Bench adjourned the hearing till Friday, and in the meantime, asked Kulkarni’s lawyer to bring on record the additional documents.
“It shall be open for the respondent (Vinay Kulkarni) to place on record any document either during the course of the day or hand over the same during the course of the hearing tomorrow,” had ordered the apex court.
Kulkarni was accused of conspiring in the murder of BJP Zilla Panchayat member Yogesh Gowda in 2016.
He was then a Cabinet minister in the Siddaramaiah-led Congress government. Though his name came up, no action was initiated against him.
The BJP made it an issue, and former Chief Minister B.S. Yediyurappa vowed at election rallies that he would send Kulkarni to jail if the BJP was voted to power.
Later, the case was handed over to the CBI, and Kulkarni was arrested. He spent more than 9 months in jail and finally obtained bail from the Supreme Court.
Last year, the Karnataka High Court had directed the Central Bureau of Investigation (CBI) to complete the inquiry and questioning of witnesses in the case swiftly.
Kulkarni, who is deemed close to Siddaramaiah, was elected from the Dharwad Assembly seat in the 2023 state polls, despite the court banning his entry into the constituency, and his wife and daughter campaigning on his behalf.
