Bengaluru, Sep 2 (IANS) The 57th Sessions Court in Bengaluru on Tuesday rejected the bail petition of Pavithra Gowda, partner of actor Darshan and the prime accused in the Renukaswamy murder case.
Gowda had applied for bail on technical grounds.
Her counsel argued that the police had filed the chargesheet under the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) instead of the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). Since the BNS and BNSS came into effect in June last year, the chargesheet was invalid and Pavithra Gowda should be granted bail, the counsel submitted.
The prosecution countered that cases which occurred before the implementation of the BNS and BNSS would continue to be investigated and chargesheets filed under the IPC and CrPC. It argued that an attempt was being made to mislead the court.
The prosecution also cited Supreme Court observations regarding Gowda and other accused, noting that their bail pleas had already been rejected.
Expressing displeasure over the arguments presented in favour of Gowda, the trial court dismissed her petition.
Meanwhile, the court will also hear a petition filed by prison authorities seeking permission to transfer actor Darshan from Bengaluru Central Jail to Ballari Prison.
Along with Darshan, the authorities have sought to shift other accused – Jagadish, Laxman, Nagaraj, and Pradosh – to different prisons across the state.
Darshan’s counsel has separately filed a petition requesting that prison authorities be allowed to provide him with two bedsheets and two pillows, citing his complaint of back pain.
Earlier, the Supreme Court overturned the Karnataka High Court’s decision. While the High Court had granted him bail, the Supreme Court rejected the plea.
A bench of Justice J.B. Pardiwala and Justice R. Mahadevan delivered the verdict to revoke Darshan’s bail.
During the hearing, the Supreme Court had objected to the High Court’s order, remarking that the High Court had passed a decision on bail as if it were deciding conviction or acquittal.
The Supreme Court questioned whether the High Court gives such orders in other cases as well and added that they will not “repeat such a mistake”.
The Supreme Court also said that, in this case, there was a prima facie misuse of judicial power. Such an error by a lower court judge might still be acceptable, but it is not right for a High Court judge to make such a mistake.
On June 9, 2024, 33-year-old Renukaswamy was found dead on a flyover in Bengaluru.
Renukaswamy was a fan of Darshan. It is alleged that, at Darshan’s behest, Renukaswamy was kidnapped and then murdered.
It is said that Renukaswamy was killed because he had been “harassing” Darshan’s female friend, Gowda.
On August 6, Darshan and Pavithra Gowda had requested the Supreme Court not to cancel the bail. They 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.
–IANS
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