The Karnataka High Court on Wednesday (June 24) orally remarked that it will consider whether clarificatory questions which are leading in nature can be asked to a prosecution witness in Renuka Swamy murder case, without declaring the witness hostile.

The court was hearing State's petition challenging a trial court order that rejected its request to cross-examine a prosecution witness [mother of Renuka Swamy] without declaring her hostile under Section 154 of the Indian Evidence Act. Actors Darshan and Pavitra Gowda are accused in the murder case.

The single judge bench of Justice M Nagaprasanna made an oral observation that the issue involved is 'simple' and duly covered by the precedents set by the Supreme Court. The court has listed the matter for final hearing and disposal on July 2.

“The issue is simple…. without declaring a witness hostile, can you ask clarificatory questions which are leading in nature …post it to next Thursday…we should finish it that day itself…”, the court told the counsels.

The Court had earlier noted that the trial court's rejection of the State's application to cross-examine PW1, the mother of the deceased, without declaring her hostile, appears to be prima facie in conflict with the Supreme Court ruling in K.P. Tamilmaran v. State.

Pertinently, in Tamilmaran, the Supreme Court noted that a party can cross-examine its own witness under Section 154 Evidence Act [Question By Party To His Own Witness], even without getting a declaration of 'hostility', provided that there is the leave of the court.

When the matter was taken up today, the counsel appearing for Darshan, Pavitra Gowda and other accused informed the high court that the trial was already in progress.

They urged the court that the decision in K.P Tamilmaran wouldn't apply, and that the State cannot be permitted to put leading questions to PW1, who herself is the mother of the deceased Renukaswamy. The PW1 does not have any 'hostility' towards the prosecution, the counsels argued.

The trial court proceedings pertaining to the Renukaswamy Murder are currently in progress before the LVI Additional City Civil and Sessions Judge in S.C. No. 1319/2024.

Senior Counsels Hashmath Pasha and Ranganath Reddy appeared for the respondents. For the State, Special PP Prasanna Kumar appeared.

For context, Actor Darshan is accused of being involved in the killing of his 33-year-old 'fan' over sending obscene messages to actress Pavithra Gowda. Darshan had allegedly abducted the deceased from Chitradurga and had him tortured for three days in a shed in Bengaluru in June 2024. The deceased later succumbed to the abuse, with his body thrown out in a drain as per the police report.

Darshan and 16 others have been charged for offences punishable under Section 120B, (Conspiracy), 201 (destruction of evidence), 364 (Abduction/kidnapping), 302 (murder) and Section 34 of the Indian Penal Code. They were granted bail by the high court in December 2024, which was cancelled by the Supreme Court in August 2025.

Case Title: State v/s Pavitra Gowda & Ors.

Case No: CRL.P No. 6820/2026