The Supreme Court of India cancels the bail of Congress MLA Vinay Kulkarni in the Yogesh Gowda murder case over alleged witness tampering. The Court clarifies that trial courts can revoke bail granted by Constitutional Courts under certain conditions.

Supreme Court Revokes Vinay Kulkarni’s Bail Over Witness Tampering Allegations

On 7 June 2025, the Supreme Court of India revoked the bail granted to Congress MLA and former Karnataka Minister Vinay Kulkarni in connection with the murder of BJP worker Yogesh Gowda. The decision came following allegations of witness tampering and attempts to interfere with the ongoing trial.

The order was passed by a bench comprising Justice Sanjay Karol and Justice Satish Chandra Sharma, who emphasized that trial courts retain the authority to cancel bail—even if granted by the High Court or Supreme Court—when there is sufficient evidence of bail condition violations.

Background: Murder of BJP Leader Yogesh Gowda

Yogesh Gowda, a Bharatiya Janata Party (BJP) worker and local leader from Dharwad, was murdered in 2016, allegedly due to political rivalry. Kulkarni was arrested in 2020 based on a Central Bureau of Investigation (CBI) probe, but he was granted bail in 2021 by the Supreme Court, with certain conditions attached.

Court Cites Witness Tampering, Directs Surrender

Senior Advocate Maninder Singh appeared for Kulkarni, while Additional Solicitor General S.V. Raju represented the CBI. The Court found “sufficient material” indicating that Kulkarni had contacted or attempted to influence witnesses—a clear violation of bail terms.

Kulkarni has been directed to surrender before the trial court or jail authorities within one week from the date of the order. The Supreme Court also directed the trial court to expedite the trial and not be influenced by any of the Court’s observations.

Trial Court’s Role Clarified: Authority Under Section 439(2) CrPC

One key takeaway from the judgment is the clarification of judicial authority under Section 439(2) of the Code of Criminal Procedure (CrPC) (now Section 483(3) of the Bharatiya Nyaya Sanhita – BNSS). The trial court had previously rejected CBI’s application for bail cancellation, believing that it lacked authority since the Supreme Court had granted the bail.

However, the apex court held that the Sessions Court did have such authority and that its refusal conflicted with the earlier precedent set in Gurcharan Singh v. State (Delhi Admn.), AIR 1978 SC 179.

Supreme Court: Trial Courts Can Cancel Higher Court Bails if Conditions Are Breached

The judgment emphasized that a trial court can independently act to cancel bail under CrPC Section 439(2) if there is credible evidence that bail conditions are being violated, regardless of whether the bail was granted by a High Court or the Supreme Court. The ruling strengthens the legal safeguards against interference in judicial processes and witness intimidation.

Case Timeline at a Glance

• 2016: BJP worker Yogesh Gowda murdered in Dharwad, Karnataka.

• 2020: Vinay Kulkarni arrested after CBI investigation.

• 2021: Supreme Court grants bail to Kulkarni with conditions.

• 2025: Bail canceled due to witness tampering allegations.

Conclusion

This verdict reinforces the principle of accountability in the Indian judicial system, particularly in high-profile cases involving political figures. It underscores that bail is conditional, and violations can result in revocation, even when sanctioned by the highest courts in the country.