Video: K Kavitha's emotional hug with son after five months in jail goes viral. Watch it here

The Supreme Court of India on Tuesday (August 27) granted bail to Bharat Rashtra Samithi (BRS) party leader K Kavitha in the excise policy irregularities cases, currently under investigation by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED). The leader was in jail for over five months, and upon her release, she met her son and husband. An emotional video of the mother-son duo is making the rounds on the internet.

Watch it here:

#WATCH | Delhi: BRS leader K Kavitha walks out of Tihar Jail. She was granted bail in the Delhi excise policy case by the Supreme Court today.

K Kavitha hugs her son, husband and brother KTR. pic.twitter.com/d748B61ZCy — ANI (@ANI) August 27, 2024

The embattled leader told media outside the prison, "We are fighters, we will fight it out legally and politically. They have only made the BRS and KCR's team unbreakable".

Conditions for release

Kavitha's immediate release was ordered by Justices BR Gavai and KV Viswanathan. The release is subject to several conditions, including K Kavitha surrendering her passport and posting a ₹10 lakh (around $12k) bail bond for each case. She has also been asked to refrain from attempting to influence witnesses or tamper with evidence.

The top court noted that Kavitha had been in jail for five months, and with 493 witnesses and extensive documents, the trial would likely take a long time. The bench also noted that many of the accusations rely on statements from Kavitha's co-accused who have been granted pardon and have now turned approvers.

It also said that the probe agency cannot pick and choose anyone.

Not a flight risk

During the hearing, Kavitha’s lawyer, Senior Advocate Mukul Rohatgi, argued for her bail, citing the example of co-accused Manish Sisodia, who had already been released. He added that as a woman and a sitting MLC; she wasn’t a flight risk.

Rohatgi also downplayed allegations that Kavitha had tampered with phones. He compared the situation to simply upgrading a car. The prosecution, led by Additional Solicitor General SV Raju, argued otherwise, accusing her of deliberately destroying evidence by formatting phones. Kavitha's lawyercountered the accusation and said that the step was necessary as shehad given the phone to her house help.

However, Justice KV Viswanathan noted it's common to delete messages, adding he does it too.

The prosecution, led by ASG Raju, meanwhile, stressed that while messages can be deleted, formatting a phone is a different matter entirely. He also informed the Supreme Court that the agency had call details tying Kavitha to the other accused.

Kavitha was arrested by the ED in March 2024 and later by the CBI in April, following an investigation into changes made to the excise policy that allegedly gave undue advantages to certain licence holders.

Both agencies have filed charge sheetsagainst Kavitha, accusing her of playing a key role in the irregularities. The ED charge sheet also names Chanpreet Singh, Damodar, Prince Singh and Arvind Kumar as co-accused.

(With inputs from agencies)