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Did High Court apply its mind? Supreme Court raps bail to actor Darshan in murder case

Did High Court apply its mind? Supreme Court raps bail to actor Darshan in murder case

India Today3 days ago
The Supreme Court on Thursday reserved its order in the Renukaswamy murder case, after pulling up the Karnataka High Court for the manner in which it granted bail to Kannada actor Darshan and others accused.A bench led by Justice BR Gavai came down heavily on the High Court, questioning whether judicial discretion had been applied judiciously. 'We are sorry to say, but does the High Court dictate the same kind of orders in all bail applications?' the court asked.advertisement'What's troubling us is the approach of the High Court. Look at the manner in which it has been done. Is that the understanding of a High Court judge? We could understand if it were a sessions judge. But a High Court judge committing such a mistake?'
Calling it a 'perverse exercise of discretion', the Supreme Court said it was examining whether the High Court had 'applied its mind judiciously' before granting bail in such a serious case. 'We will not make the same mistake the High Court did,' the bench said. 'We are a little serious because it is a case of murder and conspiracy.'The court was hearing a petition filed by the State of Karnataka challenging the High Court's December 13, 2024 order granting bail to actor Darshan and others in the murder of 33-year-old Renukaswamy.The bench also made pointed remarks during the hearing. Addressing the lawyer for co-accused Pavitra Gowda, the bench said, 'All this happened because of you. If you had not been there, A2 would not have been interested. If A2 was not interested, others would not have been interested. So, you are the root cause of the problem.'The lawyer argued that she had received objectionable messages and had no direct call record links to the accused involved in the kidnapping or murder. But the court made it clear it was not examining 'meticulous arguments.' 'We have to see if the prosecution's case inspires confidence or not,' the bench said.The court also questioned how the High Court dismissed the eyewitness accounts of Kiran and Puneet, who were working as guards. 'Why does the High Court say they are not reliable witnesses?' the bench asked. 'Our last question: how has the High Court dealt with these two statements while exercising discretion?'Appearing for the State, senior advocate Sidharth Luthra said that call data records, location pins, DNA on clothes and the vehicle, and other material support the statements. 'All of this has been corroborated,' he said.The bench further questioned the nature of the evidence retrieved from one of the accused. 'You recovered a mobile phone from accused number 10. Why would someone click pictures of the assault?' the court asked.advertisementWhen told that the pictures were forwarded to A2 and that the deceased was seen pleading in one photo, the bench was shocked. 'Unbelievable, Mr Luthra. These people are posing for photographs? There is an assault going on and they're posing? I've understood this cult now that worships actors.'Luthra replied that the accused were all part of Darshan's fan club. 'People do anything for him just to have access,' he said.The bench concluded the hearing by stating it will examine the matter and deliver its order. 'We will not pronounce a verdict of acquittal or conviction. But we will look into the conduct of the High Court and take a call.'- Ends
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