The High Court of Karnataka on Friday stayed a special court’s April 15 judgment convicting former Minister Vinay Kulkarni for the offences of criminal conspiracy and murder of Yageshgowda Goudar, a BJP leader in Dharwad district of Karnataka, in 2016.
Also, the High Court suspended life sentence imposed on him and nine other convicts while ordering their release on bail during the pendency of their appeal challenging the special court’s verdict.
A Division Bench comprising Justice Mohammad Nawaz and Justice G. Basavaraja passed the interim order while allowing the interlocutory applications filed by Mr. Kulkarni and nine other convicts.
Disqualification revocation
With the stay on his conviction, Mr. Kulkarni can now seek for revocation of the order of his disqualification from the post of MLA passed by the Speaker of the Legislative Assembly in May this year after his conviction by the special court of sessions for criminal cases against former and present MPs and MLAs.
However, the stay on the conviction order was granted only to Mr Kulkarni, as he was the sole convict who had sought such a relief. A mere suspension of sentence, without a stay on the conviction itself, would not have resulted in the revocation of his position as an MLA.
Apart from Mr. Kulkarni, the bail has been granted to nine other convicts — Chandrashekar Indi alias Chandu mama, Channakeshava B. Tingarikar. Dinesh M., Ashwath.S, Sunil K.S, Nazeer Ahmed, Shahanawaz, Nuthan.K, and Harshith. C — who were among the total 17 persons convicted by the special court.
Not to leave India
Meanwhile, the Bench directed Mr. Kulkarni and nine others not to leave the country without the its prior permission while also directing each of them to execute a bond for ₹5 lakh each, with two sureties for the likesum, to the satisfaction of the special court.
Besides, the Bench directed them to deposit entire fine amount imposed in the order of sentence with the special court, and appear before the special court and the High Court as and when directed.
Background of case
The special court had convicted Mr. Kulkarni and 16 others for criminal conspiracy and murder due to political rivalry but had acquitted him and Chandrashekar Indi from the charge under the Arms Act, 1959, as the sanction for their prosecution under this law was not obtained by the prosecution.
Yageshgowda Goudar, was hacked to death on June 15, 2016. Although Mr. Kulkarni was not named as an accused in the investigation carried out by the State police but his name figured as a prime accused after State government in 2019 entrusted the investigation to the Central Bureau of Investigation.
