The former Chief Minister, B.S. Yeddyurappa, made his first appearance in the Special Lokayukta Court on Monday after the Karnataka High Court rejected his anticipatory bail plea earlier in the day. Though he had been asked to appear on Saturday, he sought exemption on health grounds.
Mr. Yeddyurappa filed a bail petition before the court, along with the other accused, including his sons B.Y. Raghavendra, MP, and B.Y. Vijayendra; son-in-law R.N. Sohan Kumar; and the former Muzrai, S.N. Krishnaiah Setty. The court will hear the bail plea on September 7.
By choosing to honour the summons, Mr. Yeddyurappa became the first former Chief Minister ever to appear before this court in a corruption case.
The court had summoned Mr. Yeddyurappa and the others in connection with two cases, filed by legal activists Sirajin Bhasha and K.N. Balraj, involving six instances of alleged land grab and misuse of power. The two have filed five such cases containing a total of 15 instances of corruption and illegality against Mr. Yeddyurappa, his kin and associates.
Earlier, stating that Mr. Yeddyurappa “could definitely influence the witnesses if he was granted anticipatory bail,” the Karnataka High Court rejected his plea in one of the cases of land de-notification that had allegedly resulted in pecuniary benefits to his family members.
Justice L. Narayana Swamy said that even though no further investigation was required in the particular case (related to three instances of de-notification at three locations in Bangalore), the possibility of his influencing witnesses could not be ruled out. The court noted that the “same government, even after he [Mr. Yeddyurappa] demitted office as Chief Minister, is in power.”
It said: “A large number of witnesses, according to the complainant in this case, are government servants, including IAS officials, working in various capacities. They may not be in a position to depose freely.”
The High Court also refused to accept Mr. Yeddyurappa's argument that the Special Lokayukta Court had already formed an opinion against him, hence he did not approach it for anticipatory bail.
Referring to Mr. Yeddyurappa's argument that the Governor had accorded sanction for his prosecution with the mala fide intention of tarnishing his image, the High Court examined the Governor's sanction and the three instances of de-notification as mentioned in the complaint and found “it cannot be in any way termed mechanical or mala fide sanction accorded by the Governor…,” and “it cannot be said that there is no prima facie case against the petitioner.”
Meanwhile, Mr. Yeddyurappa has withdrawn his petition in the High Court challenging his indictment by the Lokayukta on the charge that he had received illegal gratification from a mining firm.
