New Delhi : The Supreme Court on Tuesday reserved its order on appeals challenging the suspension of conviction and grant of bail to Congress MLA Vinay Kulkarni in the murder of Dharwad BJP leader Yogesh Gowda.
The appeals were filed by the Central Bureau of Investigation (CBI) and Gurunath Gowda, the victim’s brother. A Bench of Justices Prashant Kumar and Sree Chandrashekhar heard arguments from the prosecution and the defence before directing the parties to submit written objections within five days.
During the hearing, the Bench observed that political murders should be viewed seriously and that those involved should not be allowed to evade the law.
Additional Solicitor General S.V. Raju, representing the CBI, argued that the High Court had erred in suspending Kulkarni’s conviction and granting him bail. Referring to earlier Supreme Court judgments, he submitted that suspension of a conviction was subject to established legal principles.
Raju alleged that Kulkarni had attempted to influence witnesses and destroy evidence while serving as an MLA. He also questioned the High Court’s observation that Kulkarni had no criminal antecedents, saying two previous cases cited by the prosecution had not been adequately considered.
The CBI counsel further argued that an approver’s testimony could form the basis of a conviction when supported by corroborative evidence. He maintained that the allegations and evidence in the case did not justify the relief granted to Kulkarni.
Senior advocate Abhishek Manu Singhvi, appearing for Kulkarni, urged the Supreme Court not to interfere with the High Court’s order. He submitted that Kulkarni was absent from the original chargesheet and that the CBI named him as an accused only four years later.
Singhvi said the trial had continued for three years in Dharwad and claimed that most witnesses, except the 30th witness, had turned hostile. He also cited the victim’s wife’s testimony that the murder was linked to a land dispute.
The defence argued that suspension of the conviction was important to prevent Kulkarni from losing his legislative position while the matter remained under consideration.
After hearing both sides, the Bench reserved its order.