'Police Duty Is To Protect, Not Be Hand In Glove With Accused': Karnataka HC Remarks In Convicted IO's Plea In Yogesh Goudar Murder Case

"A police official's duty is to protect people and victims, not to be hand in glove with the accused,” the Karnataka High Court orally remarked today while hearing a plea filed by Channakeshava B Tingarikar, a former police inspector who was convicted for conspiracy and cover-up of the June 2016 murder of BJP Zilla Panchayat member Yogesh Goudar in Dharwad.Congress MLA and former Minister of the State, Vinay Kulkarni was sentenced to life for Goudar's murder. The Special Court had also found Tingrikar guilty of manipulating the investigation, protecting the real perpetrators, and destroying evidence.Tingrikar has preferred an appeal against conviction and in the interim, has sought suspension of 7 years sentence awarded to him.Stating that "the matter requires detailed consideration", the Division Bench of Justices H P Sandesh and P Sree Sudha adjourned the hearing till May 26.It added that the yardstick for suspension of sentence post-conviction is different from the pre-trial stage. “…Post-conviction and before trial are very different. Before trial, there is a presumption of innocence. After conviction, the court ought to consider materials collected by the trial court. There is no question of presumption. The matter requires detailed consideration…"During the hearing, the CBI placed on record its objections against the appeal. The central probe agency has also strongly objected to suspension of sentence. ASG S V Raju for the CBI submitted,"The IO tried to frame false persons as the prime accused and allowed the real assailants to run away …Real weapons were destroyed or not collected. Blood from autopsies was smeared on these weapons to frame others. The investigating officer cannot be granted bail at this stage. Let him come after one or two years, not at this nascent stage… Policemen supposed to see justice is done has done to the contrary…" The CBI further contended that the IO was only in jail for 73 days during the trial, and he cannot be granted bail at this stage for his seven-year-long sentence.Senior counsel PP Hegde appearing for Tingrikar on the other hand submitted that his client has only been convicted of two bailable offences under Sections 218[Public servant framing incorrect record or writing with intent to save person from punishment] r/w Section 120(B)[criminal conspiracy] and Section 149[constructive unlawful assembly] of the Indian Penal Code.Relying on Section 389(3) of CrPC/ Section 430 of BNSS [Suspension of sentence pending appeal in Bailable offences], the senior counsel argued that the police officer, solely accused of the aforesaid bailable offences, cannot be kept in custody even after conviction, now that he has filed an appeal for suspending the sentence.BackgroundThe Karnataka High Court on May 7 had granted time to the State to file its response on disqualified MLA Vinay Kulkarni's appeal challenging the trial court order convicting and sentencing him to life imprisonment for the murder of BJP Leader Yogesh Goudar.Similarly, in the appeal preferred by Kulkarni's co-accused, investigating officer Channakeshava B Tingarikar, Justice Sachin Shankar Magadum and Justice Rajesh Rai had listed the specific matter for further hearing on May 14.Notably, another co-accused, Chandrasekhar, had also preferred a criminal appeal against conviction before the High Court, which is also listed on May 26.For context, on April 15, the special court convicted Kulkarni and sixteen others in the murder case. On April 16, Special Court Judge Santhosh Gajanan Bhat had pronounced the quantum of sentence as life term imprisonment wherein the accused, including Vinay Kulkarni were physically present. The accused, if they fail to pay the fine amount, would be required to undergo further imprisonment for three months, the special court had said in the judgment.The trial court had also awarded Rs 16 Lakhs as compensation to the children of the deceased BJP Leader.Yogesh Goudar, a zilla panchayat member of the BJP from Hebballi constituency, was murdered by an armed gang at his gym in Saptapur in Dharwad in 2016. An FIR was registered with the Dharwad Sub-Urban Police Station at the instance of the deceased's wife. The Dharwad Police subsequent to his murder arrested six persons and charge sheeted them for murder. The probe was later transferred to CBI.Case Title: Channakeshava B Tingarikar v. CBICase No: CRL.A 775/2026

'Police Duty Is To Protect, Not Be Hand In Glove With Accused': Karnataka HC Remarks In Convicted IO's Plea In Yogesh Goudar Murder Case

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'Police Duty Is To Protect, Not Be Hand In Glove With Accused': Karnataka HC Remarks In Convicted IO's Plea In Yogesh Goudar Murder Case

Sebin James

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