In a significant ruling, the Supreme Court has clarified that a trial court has the authority to cancel bail granted by a Constitutional Court if there is a violation of its conditions. This came while cancelling the bail of Congress MLA and former Karnataka minister Vinay Kulkarni in the murder case of BJP worker Yogesh Gowda.

A bench comprising Justices Sanjay Karol and Satish Chandra Sharma passed the order after detailed hearings involving Senior Advocate Maninder Singh, representing Kulkarni, and Additional Solicitor General SV Raju, appearing for the CBI.

Read also: SC grants right of appeal to complainants of cheque dishonour under CrPC 372

“It would be suffice to state that there is sufficient material on record to suggest that the attempt(s) have been made by the Respondent to either contact witnesses or alternatively, influence such witnesses,”
— Supreme Court observation

The Central Bureau of Investigation (CBI) had moved the top court seeking cancellation of Kulkarni’s bail on allegations of witness-tampering. Kulkarni, who was arrested in 2020, was released on bail in 2021. The trial court had earlier refused to cancel his bail, citing that it was granted by the Supreme Court.

However, the Supreme Court disagreed with the trial court's reasoning. It held that the Sessions Court had the jurisdiction to cancel the bail even though it was initially granted by the apex court, especially if there was a violation of the bail conditions.

Read also: CJI B.R. Gavai: Entry of Foreign Law Firms Will Boost India’s Global Arbitration Standing

“The aforesaid position taken by the Learned Trial Court is not in consonance with the decision of this Court in Gurcharan Singh v. State (Delhi Admn.), AIR 1978 SC 179... the Learned Trial Court was entitled to entertain an application under Section 439(2) of the CrPC (now Section 483(3) of the BNSS) seeking cancellation of bail on the grounds of violation of bail conditions imposed by it,”
— Supreme Court

The top court also mentioned that it had only illustratively listed bail conditions and left it to the discretion of the trial court to decide suitable terms. Therefore, it held that the trial court's earlier approach was legally incorrect.

Read also: NHAI moves SC against Madras HC order that stayed toll collection on Madurai-Tuticorin highway

As per the directions issued, Vinay Kulkarni has been asked to surrender within one week before the trial court or jail authority. The trial court has also been instructed to complete the trial expeditiously, without being influenced by the Supreme Court's observations.

Case Title: THE STATE OF KARNATAKA through the CBI Versus VINAY RAJASHEKHARAPPA KULKARNI, SLP(Crl) No. 7865/2025