Supreme Court Refuses To Quash Charges Against Karnataka MLA Vinay Kulkarni For BJP Worker's Murder

The Supreme Court on Monday (June 10) refused to set aside the criminal charges against the Karnataka MLA Vinay Rajashekarappa Kulkarni. 

MLA Kulkarni of the Congress party was accused of a murder conspiracy of a BJP worker that took place in 2016. The bench of Justices PV Sanjay Kumar and Augustine Masih dismissed the Special Leave Petition filed by the MLA against the Karnataka High Court Order which upheld the charges framed by the Special Court against Kulkarni and 20 others. 

At the outset, Justice Kumar observed that factually the case was not a fit one fore quashing. 

" This is not a case for quashing, 57 phone calls between you and A1 within the ambit of 5 months"

The main contention of the petitioner as represented by Senior Advocate Sidharth Dave was that the MLA has been named only in the second charge sheet filed by the CBI and that the statement of the deceased's widow doesn't disclose the name of the petitioner. 

"The deposition of the wife is not against me, all that material has to be reconsidered...it is further investigation (the CBI's second chargesheet) it is not an investigation. if it is not re-investigation, the earlier material cannot be wiped out.....He (trial judge) cannot go only on the basis of the supplementary chargesheet filed by the CBI." 

Justice Sanjay Kumar interjected to verbally observe :

" You also write a letter to the Chief Secretary seeking transfer of the public prosecutor because she was vigorously conducting the trial, uninfluenced by you Minister..." 

To which Dave disagreed and replied " Even  when I was the Minister, the Trial took place, but not a whisper by the wife of the deceased"

Justice Kumar while dismissing the SLP remarked : "You obviously bought over the widow...sorry SLP dismissed" 

When Mr Dave insisted on withdrawing the petition, the bench took objection to it and expressed displeasure at the trend of cases being filed and withdrawn on unfavourable outcomes. 

" This has to stop. This trying your luck at the Supreme Court then back out, this court has become a gambling court or what?" 

In August 2021, the Top Court granted bail to Kulkarni in relation to the same case. 

What Was The Yogesh Gowda Murder Case?

Yogesh Gowda, a zilla panchayat member of the BJP from Hebballi constituency, was murdered by an armed gang at his gym in Saptapur in Dharwad on June 15, 2016. The Dharwad Police subsequent to his murder arrested six persons and chargesheeted them for murder.

Supported by BJP leaders, Gurunath Goudar, brother of Yogeeshgouda Goudar demanded a CBI probe into the case which was finally fulfilled after the BJP-led government came to power in the State.

The CBI, took over the investigation on September 24, 2019, identified and arrested eight other accused and filed a charge sheet on May 20, 2020. Arrested on November 5, 2020, Vinay Kulkarni has been in judicial custody in the Hindalga Jail of Belagavi since his bail plea was rejected twice, first by a lower court and then by the High Court.

The CBI in February 2021 had also filed a supplementary charge sheet in the CBI Special Court which included 21 accused including the petitioner. On December 6, 2023 the Special Court framed charges against all the accused including the petition for offences punishable under sections 143, 147, 148, 120-B, 302, 201 read with Section 149 of the Indian Penal Code, 1860 and also for the offences punishable u/s 25 read with sections 3, 5, 8 & 29 of the Arms Act, 1959 read with section 149 of IPC. 

On April 8, 2024, the High Court dismissed the petition filed by MLA Kulkarni under Article 226 with S. 482 of the CrPC seeking to recall the order of framing charges by the Special Court. 

Case Details : VINAY RAJASHEKARAPPA KULKARNI VS. CENTRAL BUREAU OF INVESTIGATION