Udupi, Aug 9: The Supreme Court of India has disapproved categorically the practice of considering evidence while granting bail, or suspending a sentence, while expunging the observations made by the Karnataka High Court while granting bail to the woman who was convicted of murdering her husband, Bhaskar Shetty, a businessman from Udupi.
The murder, when it came to light, had made headlines across the country.
A bench of Justices B R Gavai and P S Narasimha agreed with the contention, made by advocate Sanjay M Nuli on behalf of the victim’s mother Gulabi Shetty, that the High Court went into the issues of the validity of the ‘Will’, which was completely unrelated to the proceedings before it.
“The High Court has grossly erred in granting suspension of sentence in such a serious crime,” Nuli argued, contending that the high court went on to decide the matter as if it was deciding an appeal.
Concurring with his contention, the bench said: “We are in full agreement with the counsel for the petitioner that the High Court has totally erred in making an elaborate discussion of the evidence. This Court has time and again observed that courts should avoid elaborate appreciation of the evidence at the stage of grant of bail.”
The bench also observed that it was “totally unwarranted” of the high court “to have made a detailed elaboration of an evidence” while granting bail.
“We, therefore, expunge all the observations made by the High Court wherever it has re-appreciated the evidence in detail and clarify that the order would be construed as a prima facie consideration of the evidence for grant of suspension of sentence,” the bench said.
The apex court, however, also said it did not find anything wrong in allowing the application filed by the convict Rajeshwari Shetty, for suspension of her sentence, as the case was based on circumstantial evidence.
The top court also directed the high court's bench, which would hear the appeal on merits, not to take into consideration any of the observations the lower court made in its order on December 23, 2021.
It also requested the high court to expedite the hearing of the appeal.
“In case the petitioner does not cooperate with expeditious disposal of the matter, the High Court would be at liberty to take appropriate steps,” the Supreme Court ruled.
The trial court, on June 8, 2021, had convicted the victim’s wife Rajeshwari, their son, and the wife's alleged paramour for murdering Bhaskar Shetty, who ran a business in Saudi Arabia and owned a hotel in Udupi, and burning his body in a “homa kund” in 2016, and sentenced the three to life imprisonment.
The prosecution claimed that Rajeshwari, along with her 20-year-old son Navneet, threw chili powder into her husband’s eyes and assaulted him with a rod. Thereafter, the two tied the victim’s hands and feet, and poisoned him. Later, they carried the body to another location and burnt it by organising a ‘yagna’. To further destroy the evidence, they threw the bones and remains into a river.
Bhaskar suspected Rajeshwari of adultery and had lodged a police complaint with Manipal police station on July 9, 2016; he was murdered on July 28. The police unearthed the murder while acting upon a missing person’s complaint filed by Gulabi.
The prosecution relied upon a DNA report to conclude the recovered body parts were that of the complainant’s son.
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