New Delhi: The Supreme Court on Thursday cancelled the bail granted by the Karnataka High Court to Kannada actors Darshan Thoogudeepa, Pavithra Gowda, and five others in connection with the Renukaswamy murder case.

According to Bar and Bench, a Bench of Justice JB Pardiwala and R Mahadevan pronounced the order on an appeal filed by the Karnataka government against the High Court order.

“The order is set aside, and the bail granted to the accused is set aside,” the Court ordered.

The Bench held that the High Court order suffers from perversity, and it went into a witness statement, which is the prerogative of the trial court.

“The High Court order reflects mechanical exercise of power… The grant of bail will impact the trial, and the witnesses can be influenced,” the apex court ruled.

“Justice Mahadevan has pronounced a very erudite judgment. It is ineffable. It conveys a message that, however big the accused may be, he or she is not above the law. It contains a strong message that the justice delivery system at any level should ensure, at any cost, that the rule of law is maintained. No man is above the law or below it. Nor do we ask anyone’s permission when we obey it. The need of the hour is to maintain the rule of law at all times,” Justice Pardiwala added.

The Court also warned against providing special treatment to the accused in jail.

“The day we come to know that the accused persons are being provided 5-star treatment, the first step would be to place the superintendent into suspension along with all other officials,” the Bench cautioned, as per the Bar and Bench report. 

Earlier, Kannada film actor Darshan and his partner Pavithra Gowda, the key accused in the fan murder case, submitted written statements to the Supreme Court, contending why their bail should not be cancelled.  

In his submission, made through his counsel, Darshan claimed that there is no evidence linking him to the crime, while Gowda said that she is a single parent of a daughter studying in Class 10 and also needs to take care of her aged parents.

On July 24, the Supreme Court reserved its verdict on a petition filed by the Karnataka Police challenging the bail granted to Darshan and others in the Renukaswamy fan murder case. During the hearing, the apex court expressed strong reservations about the Karnataka High Court’s decision to grant bail to the actor.

“We won’t repeat the High Court’s mistake,” the bench remarked while commenting on the High Court’s verdict.

The bench of Justices J.B. Pardiwala and R. Mahadevan had directed all counsels to submit written arguments, limited to three pages within a week. The details of the submissions emerged on Wednesday.

Darshan’s submission stated: “He was arrested in Mysuru in the morning, while the FIR was filed in Bengaluru. The reason for his arrest was not provided in writing until the evening, which is a violation of legal procedure. Cancelling Darshan’s bail would be a harsh measure, especially since he has not violated any bail conditions.”

“There is no evidence proving that Darshan ordered the kidnapping of Renukaswamy. There were no call records or message exchanges between him and Accused No. 3. The statements of witnesses Kiran, Mallikarjun, and Narendra Singh lack credibility.”

The third accused is Ravi, the driver of the car that transported Renukaswamy to Bengaluru.

The submission also argued that witness Kiran’s statement was recorded seven days after the incident, while the other two witnesses did not mention Darshan’s name in court. “The prosecution claims to have a three-second video, but this video does not exist. There is no mention of it in the chargesheet, nor was it submitted to the High Court. The timing of Renukaswamy’s death has been fixed according to the prosecution’s narrative,” it stated.

Meanwhile, Gowda, who is the first accused in the case, claimed she was a victim of sexual harassment by Renukaswamy. On the day of the crime, she had no communication with any of the accused. She argued that the prosecution had failed to prove the charges of kidnapping and murder against her.

She further emphasised that she has no criminal background and had no involvement in Renukaswamy’s murder. “The injuries on the victim’s body were not inflicted by me. I was not provided with a written explanation for my arrest by the police. Considering that I am a woman, cancelling my bail would be a harsh step,” her statement read.

The Supreme Court bench had questioned the Karnataka High Court’s application of judicial discretion, stating, “Our concern is that judicious discretion was not applied while granting bail to Darshan. The order has pained us. We can understand if a trial court judge errs, but how can we accept the reasoning given by the High Court judge?”

The bench had also expressed shock over a photograph showing Darshan with other accused individuals.

The court further questioned why forensic and circumstantial evidence was overlooked and why the statements of two eyewitnesses were not considered credible. “There are serious charges of criminal conspiracy, murder, and kidnapping. How can this evidence be ignored?” the bench asked.

Darshan, Pavithra Gowda, and 15 others were arrested on June 11, 2024, on charges of kidnapping and brutally murdering Renukaswamy, a fan from Chitradurga.

(With Inputs from IANS)