Witness tampering and influence allegations demand thorough scrutiny, and bail can be canceled on the balance of probabilities if interference with justice is established.

ORDER :

1. Aggrieved by the order dated 25.04.2025 passed in Special C.C.No.565/2021 on an application filed under Section 439 (2) of the Code of Criminal Procedure read with Section 483 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) by the Court of LXXXI Additional City Civil and Sessions Judge, Bengaluru, the prosecution (Central Bureau of Investigation) has filed this criminal petition.

2. On 15.06.2016, one Yogesh Gowda was found murdered and upon a complaint lodged by his wife Mallavva, Dharwad Sub-Urban Police registered a case in Crime No.135/2016 for an offence punishable under Section 302 of IPC against unknown accused and took up the matter for investigation. Subsequently, the charge sheet came to be filed as against six accused persons and trial commenced. However, in the course of the trial, the investigation came to be transferred to the Central Bureau of Investigation ('CBI' for short) on 06.09.2019, the petitioner/prosecution herein. CBI investigated the matter and came to the conclusion that accused Nos.1 to 6 were not the assailants but accused Nos.7 to 14 were the assailants and accused No.15 was the main conspirator and accused Nos.1 to 6 and 16 to 18 were otherwise involved in the commission of the offence and accused No.19 is the Police Inspector who investigated the case and accused No.20, who is the Assistant Commissioner of Police, was also part of the investigation and they tried to help accused Nos.7 to 18 and also accused No.21. It is further submitted that accused No.21 happened to be the personal assistant of accused No.15, who was then a Minister in Karnataka State Cabinet. On the said allegations, supplementary charge sheets have been filed by CBI. Thereafter, accused No.1 has been pardoned and has turned approver. Thereafter, he has been examined as PW.10. Cross examination is yet to take place.

3. In the course of the proceedings, all the accused have been granted bail. However, on the ground that accused No.15 is trying to influence the witnesses, bail has been cancelled by the Apex Court on 06.06.2025. Similarly, the bail of accused No.16 has been cancelled by the trial court on 25.04.2025. However, the application filed by the prosecution for cancellation of bail in respect of accused No.9 was rejected on 08.11.2024 and thereafter, again the prosecution filed an application for cancellation of bail in respect of accused No.9, which also has been rejected by way of the impugned order. Aggrieved by the same, the present criminal petition has been filed.

4. The case of the prosecution is that the respondent/accused No.9 has tried to influence PW.10, PW.30 and PW.40. In this regard, PW.10 has complained to the prosecution about the alleged threat received by him from the respondent/accused No.9. PW.30 has complained to the CBI as well as the Special Court where the trial is being conducted and PW.40 has complained to the Special Court. It is further submitted that taking into consideration the threat received by the witnesses, all the three witnesses have been accorded protection.

5. It is further submitted that threat was made to PW.10 and an application was made before the trial court for cancellation of bail of the respondent/accused No.9. Subsequently, a threat has been made to PW.30 and PW.40 also. After filing of the application for cancellation of the bail, all the three witnesses have been accorded protection by the trial court.

6. To prove the allegations made against accused No.9 regarding the threat held out to PW.10, reliance is placed on a screenshot and call logs recorded on a mobile phone belonging to PW.10, which shows that he has been spoken to by a person from mobile No.9591029837.

7. The case of the petitioner is that accused No.9 used to communicate by using the said mobile number and it clearly establishes that during pendency of the trial, accused No.9 has tried to influence PW.10 and it is submitted by using the said mobile, he has threatened PW.10 of dire