Trial Court Can Cancel Bail Granted By HC/SC : Supreme Court Cancels Congress MLA Vinay Kulkarni's Bail In BJP Worker's Murder Case

A trial court can cancel the bail granted by a Constitutional Court if there is any violation of conditions, observed the Supreme Court, while cancelling the bail granted to Karnataka MLA and former Minister Vinay Kulkarni in BJP worker Yogesh Gowda's murder case, pursuant to witness-tampering allegations.A bench of Justices Sanjay Karol and Satish Chandra Sharma passed the order yesterday, after hearing at length Senior Advocate Maninder Singh (for Kulkarni) and Additional Solicitor General SV Raju (for CBI)."it would be suffice to state that there is sufficient material on record to suggest that the attempt(s) have been made by the Respondent to either contact witnesses or alternatively, influence such witnesses", the Court noted.As per directions issued, Kulkarni shall surrender before the trial Court/jail authority within 1 week from the date of the order and the trial Court shall endeavor to complete the trial expeditiously, uninfluenced by the top Court's observations.In the order, the Court refrained from making any detailed observation on the allegations, as the trial is still ongoing. However, insofar as the trial Court declined to entertain CBI's application for cancellation of Kulkarni's bail on the basis that it was granted by the Supreme Court, the order stated that the trial Court could have entertained the application. The Court observed that the trial court's approach was not in accordance with the decision in Gurcharan Singh v. State (Delhi Admn.), AIR 1978 SC 179."The aforesaid position taken by the Learned Trial Court is not in consonance with the decision of this Court in Gurcharan Singh (Supra). More so in view of the fact that this Court directed the Respondent to be enlarged on regular bail on such conditions as the Learned Trial Court deemed appropriate, albeit illustratively listing down certain conditions. In this context, the Learned Trial Court i.e., being a Court of Sessions was entitled to entertain an application under Section 439(2) of the CrPC (now 483(3) of the BNSS) seeking cancellation of bail on the grounds of violation of bail conditions imposed by it; notwithstanding the fact that bail was granted by a Constitutional Court."The CBI had sought cancellation of Kulkarni's bail on the ground of witness-tampering. He was arrested in 2020 in relation to Yogesh Gowda's murder but was enlarged on bail in 2021.Case Title: THE STATE OF KARNATAKA through the CBI Versus VINAY RAJASHEKHARAPPA KULKARNI, SLP(Crl) No. 7865/2025 Citation : 2025 LiveLaw (SC) 669Click here to read the order

Trial Court Can Cancel Bail Granted By HC/SC : Supreme Court Cancels Congress MLA Vinay Kulkarni's Bail In BJP Worker's Murder Case

Debby Jain

The Court directed the Karnataka legislator to surrender within one week.

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