No evidence of BSY’s guilt: HC
DNA 09-11-2011, Page 3

No evidence of BSY’s guilt: HC

DNA 09-11-2011, Page 3

DNA Correspondent, Bangalore

Former chief minister BS Yeddyurappa emerged from the Parappanna Agrahara central jail on Tuesday after the Karnataka high court granted him conditional bail in one of the private complaints of alleged illegal land denotification.
When the fourth private complaint of alleged illegal land denotifcation in Uttarahalli Agara and Anekal came up for hearing on Tuesday before Justice BV Pinto, he questioned complainant Sirajin Basha’s counsel whether the allegations recorded at the Lokayukta court were true. The counsel replied that the sworn statement may not be the replica of the complaint and documents, but it is enough if the sworn statement supports the allegations.
The judge then granted conditional bail to Yeddyurappa and his aide Krishnaiah Setty, who is also an accused in this case. They have to execute a personal bond of Rs5 lakh each with two sureties. Also, they cannot contact witnesses or tamper with evidence. They cannot leave the country without prior permission of the trial court, pending disposal of the case. If any of these conditions are violated, the bail would be cancelled.
Justice Pinto, while granting bail, observed: “It is not mentioned in the sworn statement that the complaints are true and the complainant has not produced any witnesses to prove the documents. Hence, the content of the documents could not have been taken into account by the Lokayukta special court Judge NK Sudhindra Rao.”
The reading of the sworn statement does not make the petitioner — Yeddyurappa — guilty of the offence. Further, the trial court judge has taken cognisance of the offences under the IPC. Hence, there is no impediment on granting bail, observed Justice Pinto.
He also observed that the Lokayukta special court judge, while rejecting the bail earlier, had observed that the former chief minister is capable of influencing the witnesses. Justice Pinto, however, observed that these apprehensions are not based on any facts.
Justice Pinto also observed that at the stage of taking cognisance of a private complaint, the lower court had relied on a sworn statement and documents. However, they have not been subjected to cross-examination.
Yeddyurappa and his aide Setty have no prior cases against them nor are they involved in other cases. Hence, they are entitled for bail, he said.
Later, Basha’s lawyers said they will move the Supreme Court once they get the order copies.
On November 4, the high court granted Yeddyurappa bail in the third private complaint of alleged illegal land denotification in Geddalahalli, Arakere and Devarachikanehalli. However, the court had adjourned hearing of the fourth case as the arguments had not yet concluded. Yeddyurappa had knocked on the high court’s doors for regular bail after the Lokayukta special court, on October 15, issued an arrest warrant against him and sent him to judicial custody.
Advocate Sirajin Basha had filed five private complaints under sections 190 and 200 of the Criminal Procedure Code (CrPc) against the former chief minister and his family in the lower court.
The complaints comprise 15 instances of corruption and illegal land deals.
BSY seeks anticipatory bail
Meanwhile, Justice H Billappa adjourned to November 9 the anticipatory bail applications of Yeddyurappa pertaining to the other complaints accusing him of illegal denotification of land. Yeddyurappa had moved the high court seeking anticipatory bail while apprehending arrest in the three of the remaining complaints filed by Basha. His sons, BY Raghavendra and BY Vijayendra, and son-in-law RN Sohan Kumar have also sought anticipatory bail.
-Anantha Subramanyam K

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