BRS MLC K Kavitha had been arrested by the ED. She has been in judicial custody after ED’s interrogation. Her interim bail was rejected by the Rouse Avenue court on Monday. While dismissing the interim bail plea of K Kavitha, Special Judge Kaveri Baweja said that the material produced shows a prima facie point towards her involvement in the alleged offense and destruction of evidence. She sought interim bail on the grounds of the school examination of her minor son.
“The material placed prima facie points towards her active involvement in the commission of the alleged offenses as also towards her deliberate act of destroying evidence, besides attempting to influence witnesses of the case,” the special judge said.
“The Applicant can, by no standards, be said to be a “vulnerable” woman who could be made a scapegoat for committing the alleged offenses. Rather, she is undoubtedly a “well-educated” and “well-placed woman in the society,” the court stated in the notion passed on April 8.
Special Judge Kaveri Baweja also rejected the argument that family members cannot be a substitute for the mother to address the exam-related anxiety of the child and asserted that it is not a “compelling” reason to grant interim Bail, in the opinion of this court. The court also made a note that the 19-year-old son of the applicant is studying in Spain.
“Thus, if one son of the Applicant can study abroad without his parents being physically present with him, it does not appeal to reason as to why the younger son, who has the comfort of his home and the presence of his above-noted relatives, cannot take examinations without the physical presence of his mother,” the court observed.
The court further rejected the argument that the father of the minor child is busy pursuing litigation on behalf of the applicant. the court stated that it is also not a convincing reason since the application does not explain the extent of his said involvement.”It also appears that so-called exam-related anxiety of the child does not seem to be his priority”, the court pointed out.
The Rouse Avenue court also observed, “Further, in this age of technology, the physical absence of older sibling/father can certainly be compensated by their presence through digital devices.”
“The sisters of the applicant, with whom the applicant seems to share a close bond keeping in view her prayer for meeting her sisters while in custody, also compels this court to consider that the maternal aunts can also provide the necessary support to the child,” the court added.
Kavitha’s interim bail application was presented by advocate P Mohit Rao, with Senior Advocate Abhishek Manu Singhvi leading the arguments. Special counsel Zoheb Hossain opposed the bail on behalf of the ED.
The hearing for Kavitha’s regular bail plea has been rescheduled from April 20 to April 16.
