NEW DELHI: Terming it a “perverse exercise” of discretionary power by the Karnataka High Court in granting bail to Kannada actor Darshan Thoogudeepa and six others in the Renukaswamy murder case, the Supreme Court on Thursday reserved its decision on the appeal filed by the State Government seeking cancellation of their bail. “This is the perverse exercise of discretionary powers in the grant of bail to accused,” remarked a two-judge bench of the top court, headed by Justice JB Pardiwala and Justice R Mahadevan.
The top court, before reserving the verdict, heard submissions of senior advocates Siddharth Luthra, appearing for the state government, and Siddharth Dave and others, representing the accused in the case.
Questioning the HC for granting bail in such a manner, the top court asked, “Has the high court applied its mind judicially?” noting that the trial is yet to start, yet all accused have been granted bail. “To be very honest with you, we are not convinced with the manner in which the high court has exercised discretion,” Justice Pardiwala opined.
Luthra argued the bail was unjustified in a serious murder case under Section 302 IPC. He said the High Court had effectively given a “pre-trial acquittal” without examining key evidence like eyewitness accounts and forensic reports.
On the other hand, Dave, defending the HC’s bail order, said the investigation was flawed and the credibility of the eyewitnesses was questionable due to delayed statements. “The charges are yet to be framed and the trial has not commenced,” he told the top court. The bench clarified it will not repeat the high court’s mistake. “We are not here to decide guilt or innocence, only to examine whether bail was rightly granted,” Justice Pardiwala said.
According to the prosecution, Darshan, a 47-year-old Kannada actor, was arrested on June 11, 2024, in connection with the murder of 33-year-old Renukaswamy, a native of Chitradurga. The victim’s body was discovered near a stormwater drain in Bengaluru on June 9, 2024.
After investigation, Bengaluru police filed a charge sheet and named Pavithra Gowda as accused number 1 and Darshan as accused number 2. Police claimed that Renukaswamy’s offensive messages to Pavithra were the motive behind the murder.
Initially, a Sessions Court had denied Darshan’s bail, prompting him to approach the High Court, which granted relief. The Karnataka government then moved the Supreme Court seeking cancellation of bail.