The special court constituted exclusively to try cases against MPs and MLAs in the State, on Saturday, granted interim anticipatory bail to BJP State president and Leader of the Opposition in the Legislative Assembly B.S. Yeddyurappa and three others in a corruption case registered against them based on audio clip contents, for allegedly offering bribe to a JD(S) MLA to join their party, through his son.
K. Shivanagouda Naik and K. Preetam Gowda, BJP MLAs, and M.B. Maramkal, former journalist and media coordinator of Mr. Yeddyurappa, were also granted interim anticipatory bail.
Judge B.V. Patil, in his order, said that in the event of the arrest of the accused persons, the police should release them after they execute a personal bond for ₹1 lakh and a surety to the satisfaction of the police.
The court also directed the accused not to tamper with prosecution witnesses, and make themselves available as and when called for and cooperate with the investigation. They were told not to leave the jurisdiction of the court (Karnataka) without prior permission from the court.
Appearing for Mr. Yeddyurappa, senior counsel C.V. Nagesh had contended that Section (8) of the Prevention of Corruption Act (Taking gratification, in order, by corrupt or illegal means, to influence public servant) is not applicable in the case as the MLA will not remain a public servant if he resigns. The allegations made against the accused do not constitute an offence under the PC Act as the accusation is not that of seeking any official favour or act from the public servant.
However, the public prosecutor attached with the special court contended that the special court, which is situated in Bengaluru city, has no jurisdiction to hear the plea as the First Information Report is filed before the jurisdictional police in Raichur district and the accused will have to move the jurisdictional court in that district.
Replying to the prosecutor’s contention, advocate Sandeep Patil pointed out that the special court was constituted to hear all criminal cases related to MPs and MLAs in the State and the High Court has issued a notification in this regard while transferring all such cases pending in courts in various districts to the special court, which is the jurisdictional court for the entire State.
In his complaint before the Raichur police, Sharanagouda, son of Gurmitkal JD(S) MLA Naganagouda Kandukur, had alleged that the accused, belonging to the BJP, had met him and offered money to convince his father to quit from the post of MLA. The complainant had submitted a CD containing the recorded conversation between him and the accused persons.
