“Material shows prima facie involvement in alleged offence” says court while dismissing interim bail plea of Kavitha

New Delhi: While dismissing the interim bail plea of K Kavitha, the court said that the material produced shows a prima facie point towards her involvement in the alleged offence and destruction of evidence.BRS MLC K Kavitha has been arrested by the ED. She is in judicial custody after ED’s interrogation. Her interim bail was dismissed by the Rouse Avenue court on Monday. She sought interim bail on the grounds of school examination of her minor son.

Special judge Kaveri Baweja dismissed the plea with certain observations related to her primary facie involvement and destruction of evidence.

Special Judge Kaveri Baweja said, “The material placed prima facie points towards her active involvement in the commission of the alleged offences as also towards her deliberate act of destroying evidence, besides attempting to influence witnesses of the case.””The Applicant can, by no standards, be said to be a “vulnerable” woman who could be made a scapegoat for committing the alleged offences. Rather, she is undoubtedly a “well-educated” and “well-placed woman in the society,” the court said in the order passed on April 8.

The special judge also rejected the argument that family members cannot be a substitute for the mother to address the exam-related anxiety of the child and said, ” is not a “compelling” reason to grant interim Bail, in the opinion of this court.”

The court noted that the older son of the applicant aged about 19 years 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 also rejected the argument that the father of the minor child is busy pursuing litigation on behalf of the applicant 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 court 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 said.K Kavitha has moved an interim bail application through advocate P Mohit Rao. It was argued by Senior Advocate Abhishek Manu Singhvi assisted by Advocate Nitesh Rana and Deepak Nagar.The bail was opposed by special counsel Zoheb Hossain for ED.Her regular bail plea hearing has been postponed to April 16 from April 20.