Relief to 'Kantara' makers as SC stays bail condition imposed by Kerala HC

Top court takes note of plagiarism charge but says copyright suit can't be decided in an anticipatory bail; says movie's director, producer won't be arrested when they appear for hearing on Feb 12-13

In a relief to makers of Kannada movie Kantara, the Supreme Court on Friday stayed the bail condition imposed by Kerala High Court restraining the use of the song Varaha Roopam in the movie.

A bench of Chief Justice of India (CJI) D Y Chandrachud and Justices P S Narasimha and J B Pardiwala stayed the condition imposed by the High Court on Thursday while granting anticipatory bail to Rishab Shetty and Vijay Kiragandur, the director and the producer, respectively, of the movie.

The CJI said, “The HC feels very strongly that you people have plagiarised somebody’s song. But you can’t decide copyright suit in an anticipatory bail.”

The apex court ordered that Rishab Shetty and Vijay Kiragandur will not be arrested when they show up for questioning on February 12 and 13 in connection with the copyright infringement probe over the song Varaha Roopam.

"The petitioner shall be present before the Investigating Officer on February 12 and 13. In the event he is arrested, he shall be released on bail forthwith subject to conditions on trial court," the apex court said.

Kerala-based music band Thaikkudam Bridge had, on October 25, 2022, accused the makers of plagiarism and copyright infringement. The band took to social media to claim that there were similarities between Varaha Roopam--the song from Kantara--and their 2017 track Navarasam. On a complaint, the police had also registered an FIR under the Copyright Act against the makers.