Excise Policy Case: K Kavitha's Bail Plea For ‘Son's Exams’ Denied, Delhi Court Says She ‘Prima Facie’ Destroyed Evidence

The Delhi Rouse Avenue Court dismissed the interim bail application of Bharat Rashtra Samithi (BRS) Member of Legislative Council (MLC) K Kavitha on Monday in connection with the excise policy case. Kavitha had sought bail citing her 16-year-old son's exams and the need for his "moral and emotional support."

The Delhi court denied interim bail to BRS leader K Kavitha, saying prima facie she not only destroyed evidence but was also instrumental in influencing witnesses and there is "every likelihood" of her continuing to do so in case the relief is granted.

“From the material placed before this court, it appears that the Applicant not only engaged in destruction of material evidence by formatting her phones before joining the investigation and after being served with notice requiring her to do so, along with her digital devices, which stands established by way of the forensic report in this regard, but also has been instrumental in influencing witnesses and there is every likelihood of her continuing to do so in case the relief prayed for is granted to her,” news agency PTI quoted Special Judge Kaveri Baweja as saying.

The judge said Kavitha was stated to be highly educated, and by no standards can be said to a vulnerable woman who could be made a scapegoat for committing the alleged offences. She is undoubtedly a “well-educated” and “well-placed woman in the society”.

“The material placed before this court in the course of arguments prima facie points towards her active involvement in commission of the alleged offences as also towards her deliberate act of causing destruction of evidence, besides attempting to influence witnesses of the case,” the judge said.

"The woman accused in this case has a child whose exams are admittedly in these months, going onto April. It's not that the child is in arms or is toddler. He is 16 years old. The issue is different. It's the moral and emotional support of the mother," said Singhvi during the court hearing, as reported by The Economic Times.

Kavitha, who is the daughter of former Telangana chief minister K Chandrashekar Rao, has been implicated as a significant member of the "South Group," which is accused of providing kickbacks of Rs 100 crore to the ruling Aam Aadmi Party (AAP) in Delhi in exchange for a substantial share of liquor licences in the national capital. 

She was sent to 14-day judicial custody last Tuesday. 

In response to Kavitha’s submission that her husband was busy pursuing litigation on her behalf, the judge said it was not a “convincing reason” for grant of interim bail, and added that “it also appears that so-called exam related anxiety of the child does not seem to be his (father’s) priority”.

The judge said there was no apparent reason as to why close relatives (older sibling, father and maternal aunts, i.e., mausis) cannot provide the requisite moral support to the child during his examinations.

Noting that Kavitha’s older son, who is around 19 years in age, was studying in Spain, the judge said “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 presence of his above noted relatives, cannot take examinations without the physical presence of his mother.”