Karnataka HC Rejects Actor Darshan's Plea in Renukaswamy Murder Case

The High Court of Karnataka has dismissed a petition filed by actor Darshan and other co-accused in the Renukaswamy murder case, which sought directions to the sessions court to hear them regarding a pardon application filed by co-accused Pradosh S Rao.

Pradosh S Rao, listed as accused number 14 in the case, had filed an application under Section 307 of the Code of Criminal Procedure seeking a pardon by becoming an approver. Darshan and others approached the court seeking permission to be heard on the matter, but the VIII Additional City Civil & Sessions Court in Bengaluru rejected their plea on August 10, noting that co-accused do not possess a right of audience regarding such an application.

Challenging the sessions court order, Darshan moved the High Court. Justice M Nagaprasanna dismissed the petition, observing that the application filed by Pradosh would be dealt with by the sessions court in accordance with the law established in former minister Vinay Kulkarni's case.

In the Kulkarni case precedent, the High Court held that co-accused have a right to question procedural illegalities in the granting of a pardon, but they cannot question the pardon order on its merits. The court noted that the statute does not confer upon every co-accused a right to participate in or be heard during such proceedings as a matter of course.

The court further observed that the grant of a pardon to an approver does not deprive co-accused of their substantive legal right to defend themselves during the trial.

During earlier proceedings before the sessions court, Senior Counsel Hasmath Pasha, representing Darshan, argued that the co-accused were entitled to be heard before a decision was reached on Pradosh's pardon application. Special Public Prosecutor Prasanna Kumar P opposed the request.