Karnataka HC issues CBI notice in Congress MLA Kulkarni murder case appeal
Synopsis
Key Takeaways
The Karnataka High Court on 28 April issued notice to the Central Bureau of Investigation (CBI) after hearing an appeal filed by Congress MLA Vinay Kulkarni, a life-term convict challenging the verdict of the Special Court for MLAs/MPs in the murder of Bharatiya Janata Party (BJP) leader Yogesh Gowda. The division bench has also directed the High Court registry to procure all relevant case documents from the lower court.
Bench Composition and Proceedings
The division bench, headed by Justice Mohammad Nawaz and Justice Venkatesh T. Naik, took up the appeal for the first time and noted that it would need to hear the CBI's submissions before proceeding further. Along with Kulkarni, listed as accused number 15, co-accused Chandrashekar Indi alias Chandu Mama (accused number 16) has also filed a separate appeal.
Senior counsel C.V. Nagesh, appearing for Kulkarni, argued that all seven witnesses in the case had turned hostile. He also requested that the matter be heard by the vacation bench, given the approaching court holidays. The bench accepted the request and directed that a petition be filed before the vacation bench, with an assurance that the petitioner would be heard.
Prosecution Seeks Time, Cites 680-Page Judgment
The prosecution sought four weeks to file its objections to the appeal petition, which seeks an immediate stay on the Special Court's verdict. Prosecutors submitted that the judgment runs into 680 pages and requires detailed examination before a response can be filed. The court took note of the submission without granting an immediate stay.
Whistle-Blower Writes to Speaker, Seeks Disqualification
In a related development, social activist Basavaraj Koravar, the whistle-blower in the case, has written to the Speaker of the Karnataka Legislative Assembly and the Jammu and Kashmir Lieutenant Governor, seeking the disqualification of Vinay Kulkarni following his conviction and life sentence. Koravar noted that the Special Court delivered its verdict on 17 April, sentencing Kulkarni to life imprisonment, but that no disqualification action had been taken even 10 days after the order. He urged the Speaker to act in accordance with the law without further delay.
Background: The Murder of Yogesh Gowda
BJP leader and Zilla Panchayat member Yogesh Gowda was hacked to death by a group of assailants at his own gym in Dharwad city on 15 June 2016. Gowda had reportedly challenged Kulkarni politically, and the killing was subsequently linked to that rivalry. The case was handed over to the CBI by the then-BJP government in Karnataka.
Kulkarni was arrested in 2020 and released on bail in 2021. He was later accused of influencing witnesses, following which the CBI sought cancellation of his bail, alleging violation of bail conditions. The court accepted the plea and revoked his bail. Kulkarni subsequently surrendered and was released on bail again before the conviction. He is currently lodged in Bengaluru Central Prison. At the time the allegations surfaced, Kulkarni was serving as a minister and district in-charge minister. He currently holds the position of Chairman of the Karnataka Urban Water Supply and Drainage Board.
With the High Court now formally notifying the CBI and the disqualification question looming over the Karnataka Assembly, the legal and political fallout from the 2016 murder is far from settled.