New Delhi, June 13 The Supreme Court on Friday turned down the prayer of former Karnataka Minister and Congress MLA Vinay Kulkarni to grant him additional time to surrender before the concerned jail authorities in connection with the murder of BJP worker Yogesh Gowda.
A bench of Justices Prashant Kumar Mishra and Manmohan refused to grant seven more days to Kulkarni, who was ordered on June 6 to “surrender before the concerned trial court or jail authority within a period of one week”.
In an order passed last Friday, the top court had allowed the Central Bureau of Investigation (CBI)’s plea to cancel Kulkarni’s bail over allegations of witness tampering.
It had taken note of the Central agency’s submission that the accused, presently the Chairman of the Karnataka Urban Water Supply and Drainage Board, attempted to contact witnesses through their friends and known persons to depose against the prosecution.
A bench of Justices Sanjay Karol and Satish Chandra said that there was “sufficient material on record” to suggest that attempts were made by Kulkarni to "either contact witnesses or alternatively, influence such witnesses".
Keeping in mind the totality of circumstances, the Justice Karol-led Bench was of the considered opinion that the bail granted to Kulkarni should be cancelled. However, it “consciously” refrained from making detailed observations in respect of the allegation of witness-tampering.
In its order, the Supreme Court asked the trial court to make an endeavour to conclude the trial expeditiously, without being influenced by any of its observations contained in the order cancelling the bail of Kulkarni.
Earlier, the trial court had taken the view that it did not have the jurisdiction to consider the CBI’s application seeking cancellation of regular bail since Kulkarni was enlarged on bail by the Supreme Court.
The apex court observed that the trial court’s view was not in consonance with its decision in Gurcharan Singh vs. State (Delhi Admn.) case, and the court below could have entertained an application seeking cancellation of bail on the grounds of violation of bail conditions notwithstanding the fact that bail was granted by the Supreme Court.
Kulkarni was accused of conspiring in the murder of the BJP Zilla Panchayat member Yogesh Gowda in 2016. He was then a Cabinet minister in the Siddaramaiah-led Congress government. Though his name came up, no action was initiated against him. The BJP made it an issue, and former Chief Minister B.S. Yediyurappa vowed at election rallies that he would send Kulkarni to jail if the BJP was voted to power. Later, the case was handed over to the CBI, and Kulkarni was arrested. He spent more than nine months in jail and finally obtained bail from the Supreme Court.
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