Renukaswamy murder: HC bail to Darshan perverse use of discretionary powers, says SC

The Supreme Court on Thursday called the Karnataka High Court's decision to grant bail to Kannada actor Darshan Thoogudeepa and six others in the Renukaswamy murder case a "perverse exercise” of discretionary power.

A bench comprising Justices J.B. Pardiwala and R. Mahadevan went on to reserve the verdict on the Karnataka government's appeal against the 13 December 2024 order of the high court granting bail to the actor and his co-accused.

The top court heard submissions of senior advocates Siddhath Luthra, appearing for the state government, and Siddharth Dave and others, representing the accused in the case. It took on record the written note filed by the state and a few others while asking the counsel for the remaining accused to file short notes within a week.

Questioning the grant of the reprieve, Justice Pardiwala asked defence counsel by saying, “Don’t you think that the high court has dictated an order of acquittal of seven accused while deciding bail petitions?”

The judge went on, “What is worrying is that the manner in which the high court dictated the bail order…does the high court dictate the same kind of order in every bail matter?” The bench further questioned the way the high court dealt with the statements of two eye witnesses, Kiran and Puneet, calling them "unreliable witnesses”.

“This (the grant of bail) is the perverse exercise of discretionary powers in grant of bail to accused,” Justice Pardiwala said.

Pointing out that all accused persons were out on bail and the trial was yet to start, the court asked, "Has the high court applied its mind judicially?"

On 17 July, the bench expressed its reservation over the high court granting bail to the accused and said it was “not at all convinced” by the manner in which the discretionary power exercised. Justice Pardiwala said, “To be very honest with you, we are not convinced with the manner in which the high court has exercised discretion."

The court underlined the need to be convinced that there was "no good reason for this court to interfere".

Luthra argued that the bail granted by the high court was unjustified, especially in a case involving serious charges under section 302 (murder) of the IPC. He argued that the high court effectively granted a "pre-trial acquittal" without properly examining key evidence, including statements of eyewitnesses and forensic findings.

Luthra elaborated on how CCTV footage from the apartment complex, where the body was allegedly dumped, revealed suspicious vehicle movement. He also highlighted forensic evidence, including bloodstains found on items linked to the crime scene and the accused.

He underscored the gravity of the charges and the circumstantial evidence indicating a conspiracy. Defending bail, Dave argued that the investigation was flawed and that the credibility of the eyewitnesses was questionable due to delayed statements. He pointed out that charges were yet to be framed and the trial has not commenced.

The bench, however, expressed concern over the high court’s approach, especially in handling the gravity of murder charge. “We will not repeat the mistake of the high court. We are not here to decide guilt or innocence, only to examine whether bail was rightly granted,” Justice Pardiwala said.

Darshan, along with actress Pavithra Gowda and several others, is accused of abducting and torturing 33-year-old Renukaswamy, a fan who allegedly sent obscene messages to Pavithra.

The police claimed that the victim was held in a shed in Bengaluru for three days in June 2024, tortured, and his body then recovered from a drain.

The top court on 24 January issued notices to the actor, Pavithra Gowda, and others in the case on the plea of the state government. Darshan was arrested on 11 June 2024 for allegedly killing Renukaswamy on 8 June the same year.

The actor was lodged at the Parappana Agrahara Jail in Bengaluru but when a photograph of him relaxing with some other jail inmates went viral, he was transferred to Ballari Central Jail. The state moved the top court against the bail on 6 January this year.

The mortal remains of 33-year-old Renukaswamy, an autorickshaw driver, were discovered on 9 June 2024. He allegedly succumbed to injuries after being attacked on the orders of Darshan, who reportedly urged his fans to accost and kidnap Renukaswamy for posting derogatory comments about Gowda on social media.