‘No man is above or below the law’: Actor Darshan arrested hours after Supreme Court cancels bail in Renukaswamy murder case

A bench of Justices J B Pardiwala and R Mahadevan said, “We considered everything, the grant of bail as well as cancellation. It is evident that the order of the High Court suffers from serious legal infirmities. The order fails to record any special or cogent reasons for granting bail under sections 302 and 34 IPC. Instead, it reflects a mechanical exercise of discretion formed by significant omission of legally relevant facts”.

“Moreover, the high court undertook an extensive examination of witness statements at the pre-trial stage, highlighting alleged contradictions and delays, issues that are inherently matters for the trial court to assess through cross-examination. The trial court alone is the appropriate forum for evaluating the credibility and reliability of witnesses.”

The bench said granting bail in “such a serious case without adequate consideration of the nature and gravity of the offence, the accused’s role and the tangible risk of interference with the trial amounts to a perverse and wholly unwarranted exercise of discretion.”

“The well-founded allegations of witness intimidation, coupled with compelling forensic and circumstantial evidence, further reinforce the necessity for cancellation of bail. Consequently, the liberty granted under the impugned order poses a real and imminent threat to the fair administration of justice and risks derailing the trial process.”

‘Very erudite and inaffable judgment’

The bench said it is satisfied that the case calls for the “exercise of its extraordinary jurisdiction” under Section 439 (2) of the Code of Criminal Procedure (CrPC). “In a democracy governed by the rule of law, no individual is exempt from legal accountability by virtue of status or social capital,” said the bench.

“Article 14 guarantees equality before the law and prohibits arbitrariness. It mandates that all persons, regardless of their popularity or privilege, are equally subject to the law. In view of the foregoing, all these appeals are allowed. The order dated December 13, 2024, is set aside, and the bail granted to the accused person is hereby cancelled,” it said.

The bench directed authorities to take the accused into custody. “Given the gravity of the offence, the trial shall be conducted expeditiously and the judgment rendered on the merits in accordance with law. The observations made herein are strictly confined to the issue of bail and shall not influence the trial on merits.”

Justice Pardiwala called the ruling by Justice Mahadevan a “very erudite” and “inaffable”. “It conveys a very strong message that whoever the accused may be, whosoever big or small the accused may be, he or she is not above the law. This judgement contains a very strong message that the justice delivery system at any level should ensure, at any cost, that the rule is maintained,” said Justice Pardiwala.

“No man is above the law and no man is below it. Nor do we ask any man’s permission when we ask him to obey it. Obedience to the law is demanded as a right, not asked as a favour. The need of the hour is to maintain the rule of law at all times.”

The bench also told the Karnataka Government counsel that if the accused in the Renukaswamy murder case are provided with “special or five-star treatment” within the jail, “the first step in the process will be to place the jail superintendent under suspension, including all other officials involved in such misconduct.”

Months after his arrest, Darshan was seen receiving “special treatment” at a Bengaluru jail. In a viral photo, the actor was seen smoking a cigarette with gangster J Nagaraj alias Wilson Garden Naga while holding a cup in his hand.

Darshan was arrested on June 11, 2024, for his alleged role in the June 9 murder of a fan, Renukaswamy, who allegedly stalked and abused his close friend and actor, Pavitra Gowda, on social media in Bengaluru. The members of his gang, including Pavitra Gowda, were arrested after investigations revealed that the actor allegedly paid a few men for the murder.

On December 13, 2024, the High Court granted the popular actor, Gowda and co-accused Pradoosh Rao, Jagadish alias Jaggu, Anu Kumar, Lakshman M, and Nagaraju K regular bail.