New Delhi, Aug 14 (PTI) Observing celebrities were role models having greater accountability, the Supreme Court on Thursday cancelled the bail granted to actor Darshan and other accused persons in the Renukaswamy murder case and directed them to surrender.
Setting aside the high court order of grant of bail, a bench of Justices J B Pardiwala and R Mahadevan noted in a democracy governed by the rule of law, no individual was exempted from legal accountability on the basis of “status or social capital”.
“The Constitution of India enshrines equality before law under Article 14, and mandates that no individual however wealthy, influential, or famous can claim exemption from the rigours of law. A celebrity status does not elevate an accused above the law, nor entitle him to preferential treatment in matters like grant of bail,” it said.
The Karnataka High Court on December 13 last year granted bail to the actor and other accused persons in the case.
The top court pointed out “serious infirmities” in the high court’s order, which reflected a “mechanical exercise” at the pre-trial stage.
“The high court failed to engage with the incriminating material collected during investigation, despite the seriousness of the offence under Section 302 IPC and the allegation of conspiracy,” it said.
Additionally, the apex court pointed out the mere filing of chargesheet or the existence of a long list of witnesses or the possibility of delay in trial, were not valid enough reasons to “dilute the gravity of the offence” or to disregard the prosecution’s case.
Whether the accused were in custody for over 140 days or exhibited good conduct post-release, the top court noted, did not render the order of bail sustainable, particularly, for want of consideration of material factors at the stage of grant of bail.
The apex court further underlined the presence of conspiracy, murder, destruction of evidence and causing disappearance of evidence charges in the present case.
“This is not a case of sudden provocation or emotional outburst. The evidence indicates a pre-meditated and orchestrated crime, where the accused not only allegedly took the law into his own hands, but also engaged in systematic destruction of evidence, including: deleting CCTV footage, bribing co-accused to falsely surrender, and using police and local influence to derail the investigation,” the bench said.
The bail was stated to have been granted primarily on the basis of the alleged urgent medical condition of the actor.
However, after examining his medical records and his subsequent conduct the apex court said the plea was “misleading, vague, and grossly exaggerated”.
“Popularity cannot be a shield for impunity. As this court held, influence, resources and social status cannot form a basis for granting bail where there is a genuine risk of prejudice to the investigation or trial,” the bench said.
The actor was said to enjoy “celebrity status, mass following, political clout and financial muscle”.
“His conduct inside the jail including recorded instances of VIP treatment, violations of jail rules, and registered FIRs for misuse of facilities reflects his capacity to defy the system even while in custody. If a person can subvert the prison system, the risk of interference with evidence, threatening or influencing witnesses, and tampering with the course of justice is both real and imminent,” the verdict noted.
The top court went on, “Notably, celebrities serve as social role models accountability is greater, not lesser. They, by virtue of their fame and public presence, wield substantial influence on public behaviour and social values. Granting leniency to such persons despite grave charges of conspiracy and murder, sends the wrong message to society and undermines public confidence in the justice system.” Reading out his opinion from the verdict, Justice Pardiwala said, “The judgement conveys a message that, however big the accused may be, he or she is not above the law.” He added, “It contains a strong message that the justice delivery system at any level should ensure at any cost that rule of the law is maintained. No man is above the law or below it. Nor do we ask anyone’s permission when we obey it. The need of the hour is to maintain rule of the law at all times.” The top court also cautioned the state government against providing special treatment to the accused in jail.
“The day we come to know that the accused persons are being provided 5-star treatment, the first step would be to place the superintendent into suspension along with all other officials,” it cautioned.
The judgement came on an appeal filed by the Karnataka government against the high court order.
Darshan, along with actress Pavithra Gowda and several others, is accused of abducting and torturing 33-year-old Renukaswamy, a fan who allegedly sent obscene messages to Pavithra.
The police alleged the victim was held in a shed in Bengaluru for three days in June 2024, tortured and his body was recovered from a drain. PTI PKS AMK AMK
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