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A vacation bench of Justices Sanjay Kumar and Augustine George Masih refused to interfere with the Karnataka High Court order and said the former minister’s case was not a fit one for quashing.
“This is not a case for quashing,” said the bench.
The apex court dismissed the special leave petition filed by Congress MLA Kulkarni against the April 8 High Court order, which upheld the charges framed by the special court against him and 20 others.
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To this, Justice Kumar observed, “You also write a letter to the Chief Secretary seeking transfer of the public prosecutor because she was vigorously conducting the trial, uninfluenced by you Minister.”
Dave replied, “Even when I was the minister, the trial took place, but not a whisper by the wife of the deceased”.
Justice Kumar said, “You obviously bought over the widow… Sorry, SLP dismissed.”
At this juncture, Dave sought permission from the apex court to withdraw the petition, which the bench refused.
“This has to stop. This trying your luck at the Supreme Court, then back out, this court has become a gambling court or what?” the apex court said.
Gowda, 26, a BJP zila panchayat member from Hebballi constituency, was murdered on June 15, 2016, at Dharwad.
The Central Bureau of Investigation (CBI) took over the investigation on September 24, 2019, and arrested on Kulkarni on November 5, 2020. Kulkarni has denied the allegations levelled against him.
The CBI has alleged that Kulkarni had personal enmity and political rivalry with Gowda, who rejected their offer to withdraw from the Zila panchayat elections in 2016.
(With ANI inputs)