BENGALURU: The Karnataka High Court on Tuesday rejected the bail petition of former minister
Vinay R Kulkarni. He was arrested in connection with the murder of Dharwad Zilla Panchayat member Yogish Goudar in 2016. The CBI had filed the charge sheet.
Justice S Sunil Dutt Yadav rejected Kulkarni’s bail petition while keeping open all contentions raised by bim. “It is made clear that the court has not recorded any finding regarding the merits of the claim and has merely disposed of the petition, holding that the petitioner is required to have approached the Apex Court itself,” the judge observed.
The court noted that the ground of “change in circumstances” may be a ground for reconsideration of an order rejecting bail, but would be of no avail where the bail is cancelled for violation of conditions imposed. When the bail granted is cancelled for violation of bail conditions, the accused essentially disentitles himself from seeking the exercise of judicial discretion subsequently. The subsequent events nearing the completion of the examination of witnesses are of no relevance, the court said.
The court stated that when the apex court has cancelled the bail on the ground of violation of conditions without reserving liberty, it would be against judicial propriety for any other court to reconsider and grant bail.
The petitioner ought to have approached the Apex Court and sought reconsideration, especially where the latter had not reserved any liberty. By misuse of liberty granted, the petitioner had disentitled himself from claiming to be released on bail by relying on the merits of the claim of bail on any grounds. The accused is required to move the apex court itself for reconsideration, the court said.
The Supreme Court released Kulkarni on bail on August 11, 2021, but cancelled the same on June 6, 2025, after he violated a bail condition by attempting to influence the witnesses in the case. He surrendered before the trial court on June 13, 2025.
Kulkarni contended that the recording of the statements of all important witnesses is now complete. None of the eyewitnesses has supported the case of the prosecution and that by itself would be a “change in circumstance” warranting the grant of bail, he pleaded.
Stating that there are certain other witnesses who are still to be examined, the CBI contended that the cancellation of the bail by the apex court has disentitled the petitioner to seek fresh bail as the apex court has not reserved liberty to seek fresh bail.