New Delhi, June 2025
In a ruling that reiterates the powers of trial courts in bail matters, the Supreme Court on Tuesday cancelled the bail granted to Karnataka Congress MLA Vinay Kulkarni, who is an accused in the 2016 murder of BJP leader Yogesh Gowda. The top court held that even if bail is granted by a higher court, the trial court can reassess and cancel the bail if compelling grounds emerge during the trial.
A bench comprising Justices Sanjay Karol and Satish Chandra Sharma passed the order while allowing an appeal filed by the Central Bureau of Investigation (CBI), which is investigating the case. The CBI argued that Kulkarni’s release on bail posed a serious threat to witnesses and impeded the smooth conduct of the trial.
Case Background
Yogesh Gowda, a local BJP leader and Zilla Panchayat member from Dharwad, was shot dead in his office in June 2016. Initially treated as a local gang crime, the case was transferred to the CBI in 2019 after allegations emerged of political involvement. Vinay Kulkarni, a former minister in the Karnataka government, was arrested in 2020 on charges of conspiracy and criminal involvement under the Indian Penal Code.
He was later granted bail by the Karnataka High Court. However, the CBI approached the Supreme Court citing that several witnesses had turned hostile due to alleged pressure and intimidation attributed to Kulkarni’s influence.
Supreme Court’s Observations
The Supreme Court emphasized that the trial court is not powerless once bail is granted by a higher court. “In circumstances where the liberty granted is being misused to obstruct justice, the trial court has inherent powers to act,” the bench stated.
Justice Karol, delivering the opinion of the court, remarked,
“The sanctity of a fair trial cannot be compromised. An accused wielding political or financial influence cannot be allowed to derail justice.”
The bench directed Kulkarni to surrender within one week, stating that continued liberty could impact witness testimonies.
This judgment clarifies an important legal point bail granted by High Courts or even the Supreme Court is not beyond review, especially when subsequent conduct or developments undermine the trial process. The court emphasized that safeguarding the trial process is paramount, even over personal liberty, in appropriate cases.
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