Kumaraswamy, wife get advance bail

HC asks them to appear before Special Court on all dates of hearing

September 09, 2011 01:29 am | Updated November 17, 2021 12:46 am IST - Bangalore:

H.D. Kumaraswamy

H.D. Kumaraswamy

The Karnataka High Court on Thursday granted anticipatory bail to the former Chief Minister H.D. Kumaraswamy and his wife Anitha Kumaraswamy, but directed them to appear before the Special Lokayukta Court on all dates of hearing in the case relating to corruption charges against them.

Following the High Court order, Mr. Kumaraswamy and his wife are expected to appear before the Lokayukta court on Friday.

The High Court said that in event of their arrest, the petitioners should be released on bail after executing personal bond for Rs. 50,000 each with a surety for equal sum and they should not tamper with the prosecution evidence or influence the witnesses.

Public documents

Justice L. Narayana Swamy, who passed order, said that there was “not much scope for the petitioners to tamper with the documents and influence the witnesses” as all documents referred in the complaint “were public documents available for everybody.”

Land allotment charge

Referring to the allegation of corruption in allotment of 80 acres of land to Vishwabharati House Building Society, Bangalore on October 4, 2007, Justice Narayana Swamy said it appeared that allotment of land was made following a resolution passed by the Bangalore Development Authority after the High Court issued certain directions earlier.

“But the accusation made against the petitioner [Mr. Kumaraswamy] cannot be ruled out since he had rejected similar resolution by the BDA on April 4, 2006. The accusations have to be examined on the entire consideration of the matter so as to the previous proceedings.”

Stating that “there is not sufficient material at present to substantiate the offences with which Mrs. Kumaraswamy has been charged with, the High Court said that even then both the petitioners are answerable to the Special Court.

Favour to mining company

On the allegation of showing favour to a mining company, Janthakal Enterprises, by asking officials to grant permission to lift one lakh tonnes of iron ore within a few hours of his instruction, the High Court said documents showed that there were certain directions of the Government of India, and this action of Mr. Kumaraswamy could not be a reason to deny anticipatory bail.

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