Supreme Court dismisses Karnataka govt's plea against HC order on bail to H D Kumaraswamy

New Delhi: The Supreme Court on Friday dismissed a plea filed by the Karnataka government against the high court's order which held that an FIR lodged against Union Minister and former Chief Minister H D Kumaraswamy in 2024 cannot be relied upon to seek cancellation of bail granted to the JD(S) leader in a 2014 mining case.

A bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran declined to entertain the plea by the state government against the Karnataka High Court's May 8, 2025 order.

The state government's plea was filed by advocate Vikram Hegde.

"With this dismissal, the order of the High Court of May 8, 2025, in relation to proceedings connected with 2014 FIR and the anticipatory bail matter concerning Kumaraswamy, remains undisturbed," Kumaraswamy's office said.

Justice V Srishananda of the high court in his order had said that the trial court is at liberty to decide on the Lokayukta’s petition for cancellation of the anticipatory bail, but without factoring in the FIR concerning threats made against a senior police officer. The judge noted that the 2024 FIR has already been stayed by a coordinate bench of the high court.

Additional Director General of Police (ADGP) M Chandrasekhar lodged an FIR in 2024 alleging that Kumaraswamy, his son Nikhil and JDS MLA Suresh Babu had threatened him in connection with the investigation into the 2014 mining case.

The officer, who headed the Special Investigation Team (SIT) probing the mining case, claimed he had written to the Governor of Karnataka in November 2023, seeking sanction to prosecute Kumaraswamy, who currently holds the portfolio of Union Minister for Steel and Heavy Industries.

In its order, the high court said in the FIR of 2024 lodged with Sanjay Nagar Police Station for the offence punishable under Section 224 of the BNSS, 2023, the stay of investigation is continued. "Therefore, for all practical purposes, the contents of the complaint culminating in 2024 FIR cannot be considered by the Trial Judge, while considering the application filed under Section 439(2) of CrPC by the Karnataka Lokayukta," it said.

However, the trial judge is entitled to consider any other grounds for cancellation of bail, it said.