Darshan's wife's petition dismissed by High Court: Big setback for the actor!

Bengaluru: Actor Darshan has suffered another setback in the Renukaswamy murder case. The High Court on Wednesday (September 23) dismissed a petition challenging the order making Pradosh an approver, increasing the legal troubles for the actor.

A bench headed by Justice V. Srishananda passed the significant order while hearing a petition filed by Darshan's wife. The High Court upheld the order passed by the 59th Sessions Court.

What happened in court today?

Darshan's counsel, Hashmath Pasha, argued before the judge that Pradosh had allegedly used a mobile phone illegally and spoken to his wife. He said jail officials had assisted him in using the phone and that the officials were subsequently suspended.

The judge, however, observed that there was no indication that Pradosh had used a mobile phone before filing the approver application. The alleged mobile phone use came to light after the application was filed.

Justice V. Srishananda observed that the issue of the accused using a mobile phone had not arisen before August 5 and asked whether the defence could not question the witness during cross-examination.

The judge also noted that the earlier High Court order had not been challenged before the Supreme Court. Since the trial court had passed its order considering the High Court's directions, there was no restriction on an accused becoming an approver, the court observed.

On the issue of an approver, the court observed that the accused does not have the right to question the decision to make a person an approver at that stage. However, the court must examine whether the person is becoming an approver to benefit the actual accused.

Referring to a Supreme Court judgment, Justice Srishananda observed that becoming an approver could be viewed as a form of shifting sides. The bench said the arrangement could be considered a contract between the court and the accused who becomes an approver.

The judge further said Darshan's defence has the full right to cross-examine the approver. The defence can ask questions to establish the witness's position and question what he had been doing until then.

The court said Pradosh can be questioned during cross-examination and therefore found no grounds to interfere with the trial court's order.