A division bench of Justice Mohammad Nawaz and Justice G Basavaraja allowed the applications for suspension of sentence and bail filed by the appellants- accused Nos. 2 to 7 and accused No. 18- who were convicted by a Bengaluru Special Court dealing with cases related to former and sitting legislators in Karnataka. Former Congress MLA Vinay Kulkarni was also among the accused convicted for the BJP functionary's murder.

The trial court had on April 15 convicted the accused for offences under Sections 120B (criminal conspiracy), 143 (unlawful assembly), 147 (rioting), 148 (rioting with deadly weapon), 302 (murder), and 201 (causing disappearance of evidence) r/w Section 149 of the Indian Penal Code, 1860.

The court had sentenced the current appellants/convicts to life imprisonment for the offence of murder under Section 302 read with Section 120B, along with fines ranging from Rs 2,000 to Rs 30,000 for various offences.

All the appellants who were convicted and sentenced by the special court had sought suspension of sentence and bail pending disposal of their appeals.

According to the trial court's order, the accused were convicted under Section 235(2) of the CrPC for the following offences and sentenced as under:

The division bench, while allowing the applications, suspended the sentences imposed by the trial court and ordered the release of the appellants on bail, subject to the following conditions:

• Each appellant shall execute a bond in a sum of Rs Five Lakhs with two sureties for the like sum, to the satisfaction of the Special Court.
• They shall deposit the entire fine amount before the trial Court and shall not leave India without the prior permission of the Court.
• The convicts hall appear before the Court or the trial Court, as the case may be, as and when directed.

The appeals are now pending before the High Court for final disposal.

To recap, the High Court had earlier stayed the conviction of former Congress MLA Vinay Kulkarni for the murder of BJP Zilla Panchayat member Yogesh Goudar in 2016, until his appeal challenging the conviction is disposed of.

The Special Court had convicted Kulkarni and others in April this year.

As per reports, accused number 1- Basavaraj Muttagi and accused No. 17-Shivanada Shrishaila Biradar had turned approvers. Additionally, the court acquitted accused No. 20 Vasudev and accused No. 21 Somashekhar Nyamagoud, giving them the benefit of doubt.

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.

On December 6, 2023 the Special Court framed charges against all the accused including the petitioner for offences punishable under sections 143, 147, 148, 120-B, 302, 201 read with Section 149 of IPC and also for the offences punishable under Section 25 read with Sections 3, 5, 8 and 29 of the Arms Act, 1959.

On April 8, 2024, the High Court upheld the charge framed by the Special Court against Kulkarni and 20 others. In June, 2024 the Supreme Court dismissed the SLP filed against the High Court order.

Case Title: Santosh Savadatti & Others v. Central Bureau of Investigation & Another

Case Numbers: Criminal Appeal No. 786 of 2026, Criminal Appeal No. 769 of 2026, Criminal Appeal No. 776 of 2026, Criminal Appeal No. 790 of 2026

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