New Delhi: In a strong reaffirmation of the principle that “no one is above the law,” the Supreme Court today overturned the bail granted to Kannada film star Darshan Thoogudeepa, actress Pavitra Gowda, and five other accused in the sensational Renukaswamy murder case.
The other accused whose bail now stands revoked are Nagaraju R., Anu Kumar alias Anu, Lakshman M, Jagadeesh alias Jagga, and Pradoosh S. Rao alias Pradoosh.
A Bench comprising Justice JB Pardiwala and Justice R Mahadevan allowed the Karnataka government’s appeal challenging the Karnataka High Court’s December 13, 2024, order granting bail to the accused.
The court found the High Court’s decision to be legally unsound and procedurally flawed.
“We have considered both the grant and cancellation of bail,” the Bench said, holding that the High Court’s order “suffers from serious legal infirmities.”
The ruling criticised the earlier decision for failing to record any “special or cogent reasons” as required under Sections 302 and 34 of the IPC, instead showing a “mechanical exercise of discretion” and omitting crucial facts.
The judges also faulted the High Court for engaging in an extensive evaluation of witness statements at the pre-trial stage, a task that should be left to the trial court during cross-examination. “The trial court alone is the appropriate forum to test the credibility of witnesses,” the judgment said.
The Supreme Court stressed that the High Court’s order ignored the severity of the offence, the specific role of the accused, and the risk of interference with the trial.
The Bench noted “well-founded allegations” of witness intimidation, supported by forensic and circumstantial evidence, making continued liberty for the accused a “real and imminent threat to the fair administration of justice.”
The court invoked its “extraordinary jurisdiction” under Section 439 of the CrPC, citing Article 14 of the Constitution to underline that all citizens, regardless of fame or privilege, are equal before the law. It directed that the accused be taken into custody immediately and ordered that the trial be fast-tracked, with judgment to be delivered strictly on the merits.
The judges clarified that their observations were confined to the bail issue and would not influence the trial’s outcome.
Before rising, Justice Pardiwala described the decision as “landmark,” adding that his “erudite” colleague, Justice Mahadevan, had penned a judgment that was “ineffable.” He declared:
“Whoever the accused may be, however big or small, he or she is not above the law. The justice delivery system must ensure that the rule of law is maintained at all costs. No man is above the law, no one is below it. We do not seek permission to demand obedience to it. It is a right, not a favour.”
He warned that if the court learns of accused persons receiving “special or five-star treatment” in custody, the first step will be the suspension of the jail superintendent and all officers involved in misconduct.
On July 24, the same Bench had reserved judgment after voicing concerns over the High Court’s exercise of discretion in granting bail.
On July 17, Justice Pardiwala had openly questioned Darshan’s legal team on why the apex court should not intervene, remarking that the High Court’s order resembled “a judgment of acquittal” for the accused.
According to the police, in June 2024, Darshan allegedly abducted Renukaswamy from Chitradurga, held him captive for three days in a Bengaluru shed, and subjected him to torture. The victim later died of his injuries, and his body was allegedly dumped in a drain.
The sessions court had previously denied bail to all accused, prompting them to approach the High Court, which granted relief in December 2024, a decision now struck down by the Supreme Court.
