Bengaluru: The Karnataka high court has upheld the trial court’s decision for a retrial in the Yogeshgoudar murder case, directing a review under CrPC sections 216, 230, and 231.

Background of the Case
Yogeshgoudar, a member of the Dharwad Zilla Panchayat (ZP), was murdered on June 15, 2016. Initially, the Dharwad sub-urban police filed a charge sheet on September 9, 2016, against six accused individuals. However, the investigation was later transferred to the Central Bureau of Investigation (CBI) on September 6, 2019. The CBI subsequently filed three supplementary charge sheets, expanding the list of accused to 21, including former minister and Congress MLA Vinay R Kulkarni.

Court’s Decision and Challenges
The special court, on June 28, 2024, ordered a retrial based on CrPC section 216 (4), which allows for alterations to charges, and sections 230 and 231, which cover the summoning and examination of witnesses. This order was contested by accused Basavaraj Shivappa Muttagi and five others, who argued that this retrial would effectively erase all existing evidence, treating the case as if it were being heard anew.

The challenge was grounded in the concern that such a retrial would undermine the progress made in the case and potentially disrupt the established evidence.

CBI’s Argument
Special Public Prosecutor P Prasanna Kumar, representing the CBI, contended that the retrial was essential. He provided a comparative analysis of the probe and charge sheets filed by both the state and the CBI, demonstrating significant discrepancies. The SPP argued that without a retrial, the three supplemental charge sheets would be rendered ineffective, and the accused might evade justice.

Court’s Rationale
The high court reviewed the case, focusing on the statutory provisions of CrPC section 216 and the Supreme Court’s interpretations of these provisions. Justice M Nagaprasanna, while dismissing the petitions, emphasised that the trial court’s decision was well-founded and adhered to legal standards. The high court’s judgement upheld that the special court’s order was based on valid reasons and followed proper procedures.

Implications of the Verdict
The court’s decision signifies a reinforcement of the procedural framework under which cases can be re-evaluated to ensure fairness and justice. The retrial allows for the inclusion of new evidence and charges, ensuring that the case’s evolving nature is properly addressed. This decision underscores the judiciary’s commitment to uphold the integrity of the legal process, even amidst complex legal challenges.

The high court’s decision maintains the integrity of the legal process in the Yogeshgoudar murder case.