Darshan case falls under 6th exception of culpable homicide not amounting to murder, say lawyers

BENGALURU: Not wanting to leave any gaping holes in the investigation, police on Wednesday subjected actor Darshan to a comprehensive hair analysis — an important forensic tool used to determine the presence of a suspect at the place where an alleged crime took place.
Darshan, along with seven other accused in the Renukaswamy murder case, was taken to Victoria Hospital in the city for a medical checkup.The actor was subjected to multiple tests which included collecting samples of natural hair on his head, samples of hair weaves (artificial hair that has been integrated with the actor’s natural hair in some patches) and measuring the circumference of the hair. “It was nearly a three-hour-long medical examination,” hospital sources said.

Police sources said: “Hair specimens have been collected from the shed where Renukaswamy was killed, the vehicle in which his body was transported and the place where his body was dumped. The star’s hair samples will be matched with the same to check his presence at these crime spots.”
Besides, Darshan, his girlfriend Pavithra Gowda, aide Pavan and six other accused were taken to the hospital. An officer said the accused’s samples, including hair, nails and blood, were collected.
The accused were also subjected to a medical checkup as their police custody is ending on Thursday.
Police have decided to seek Darshan’s custody, along with a few other accused, for another four days on grounds that more time is required for detailed investigation. However, the legal fraternity feels that the accused are likely to be sent to judicial custody.
Advocates said Darshan and other accused can approach the sessions court seeking bail and the same could be considered after hearing arguments from the prosecution and the defence.
Shyam Sundar MS, senior advocate, said how fast Darshan and other accused get bail is subject to the defence’s arguments and it could happen as quickly as in a week. “The public and politicians may be crying foul but in criminal law, the case will be looked at like any other murder prosecution and not as one involving a film hero,” he added.
“Whether there was an intention to kill or not, the case falls under the sixth exception of culpable homicide not amounting to murder. There is a clear component of aggression. According to my opinion it is not an offence where the bail can be denied,” Sundar explained.
Sudhanva DS, another advocate, said, “When the accused seek bail, it is his or her version that will be a major component. The prosecution version will not be there as the investigating officer will be still collecting material. We cannot comment on when he will get bail as it will become sub judice. Since the sections booked against the accused is life imprisonment or death penalty, chances of getting the bail till the chargesheet is difficult as the accused is influential and there is a possibility of tampering of the evidence. What also matters is whether the accused part of the crime or conspiracy or both. In Renukaswamy murder case, there’s a prima facie case against the accused and it will be difficult to get bail.”