CENTRAL BUREAU OF INVESTIGATION Vs. ASHWATH S.

JUDGEMENT

(1.) Aggrieved by the order dtd. 25/4/2025 passed in Special C.C.No.565/2021 on an application filed under Sec. 439(2) of the Code of Criminal Procedure read with Sec. 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) by the Court of LXXXI Additional City Civil and Sessions Judge, Bengaluru, the prosecution (Central Bureau of Investigation) has filed this criminal petition.

(2.) On 15/6/2016, one Yogesh Gowda was found murdered and upon a complaint lodged by his wife Mallavva, Dharwad Sub-Urban Police registered a case in Crime No.135/2016 for an offence punishable under Sec. 302 of IPC against unknown accused and took up the matter for investigation. Subsequently, the charge sheet came to be filed as against six accused persons and trial commenced. However, in the course of the trial, the investigation came to be transferred to the Central Bureau of Investigation ('CBI' for short) on 6/9/2019, the petitioner/prosecution herein. CBI investigated the matter and came to the conclusion that accused Nos.1 to 6 were not the assailants but accused Nos.7 to 14 were the assailants and accused No.15 was the main conspirator and accused Nos.1 to 6 and 16 to 18 were otherwise involved in the commission of the offence and accused No.19 is the Police Inspector who investigated the case and accused No.20, who is the Assistant Commissioner of Police, was also part of the investigation and they tried to help accused Nos.7 to 18 and also accused No.21. It is further submitted that accused No.21 happened to be the personal assistant of accused No.15, who was then a Minister in Karnataka State Cabinet. On the said allegations, supplementary charge sheets have been filed by CBI. Thereafter, accused No.1 has been pardoned and has turned approver. Thereafter, he has been examined as PW.10. Cross examination is yet to take place.

(3.) In the course of the proceedings, all the accused have been granted bail. However, on the ground that accused No.15 is trying to influence the witnesses, bail has been cancelled by the Apex Court on 6/6/2025. Similarly, the bail of accused No.16 has been cancelled by the trial court on 25/4/2025. However, the application filed by the prosecution for cancellation of bail in respect of accused No.9 was rejected on 8/11/2024 and thereafter, again the prosecution filed an application for cancellation of bail in respect of accused No.9, which also has been rejected by way of the impugned order. Aggrieved by the same, the present criminal petition has been filed.