Actor Darshan Thogudeepa (File photo).
The Karnataka High Court Wednesday upheld a trial court order granting pardon to co-accused Pradosh S Rao and allowing him to become a prosecution witness (approver) in the high-profile Renukaswamy murder case. Kannada film actor Darshan Thoogudeepa is an accused in the case and remains jailed.
Justice V Srishananda dismissed the petition filed by Darshan’s wife Vijayalakshmi, challenging the trial court’s September 16 order allowing Rao’s application under Section 307 of the Code of Criminal Procedure (CrPC) to turn approver.
The single-judge bench observed, “An application filed under Section 307 CrPC by an accused in a case is only between the proposed approver, concerned court and the prosecution, and the co-accused in the case has no right to oppose such application.”
Earlier, the actor himself had challenged an August 25 trial court order that permitted Rao to turn approver and be examined as a prosecution witness. Darshan argued that the trial court erred by calling for a report on Rao’s antecedents from a probation officer while issuing that order.
On September 9, the High Court allowed Darshan’s petition, set aside the trial court order, and directed it to hear the matter afresh and issue a new order. Following those directions, the trial court issued the September 16 order.
Senior Advocate Hashmath Pasha, representing the petitioner, argued that Rao’s decision to turn approver was motivated and filed belatedly after several witnesses had already been examined, thereby prejudicing the co-accused, including Darshan. The petitioner also cited a complaint made to prison authorities alleging that Rao had made unauthorised phone calls to his wife using prison facilities.
Special Public Prosecutor Prasanna Kumar and Rao’s counsel supported the trial court’s order, stating that Rao’s decision was voluntary and that the trial court thoroughly evaluated it before passing the order.
The High Court bench noted directions from the Supreme Court mandating the prosecution to examine approximately 60 material witnesses within a year in the ongoing trial. The court emphasised that an accused person’s move to turn approver is a right.
Dismissing the petition after reviewing the submissions, the bench stated, “This court does not find any legal infirmity or illegality in the impugned order. The petition is dismissed. However, accused No. 2 (Darshan) is at liberty to cross-examine the approver, and all such questions which are legally permissible can be urged by him, in accordance with law.”
Renukaswamy, a 33-year-old autorickshaw driver from Chitradurga, was allegedly kidnapped and murdered in June 2024, after which his body was retrieved from a stormwater drain in Bengaluru. Darshan, Gowda, and 13 others were arrested in connection with the crime. Although the High Court granted Darshan bail, the Supreme Court later cancelled it.