High Court grants anticipatory bail to Yeddyurappa, sons

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Bangalore, Nov 28, 2011: The High Court of Karnataka on Monday granted anticipatory bail to former chief minister B S Yeddyurappa, his sons B Y Raghavendra, B Y Vijayendra and son-in-law Sohan Kumar in connection with private compliant-6 (PCR-6) filed by City-based advocate Sirajin Basha.

While granting the bail, Justice Billappa observed: “It is important to carefully and meticulously evaluate facts. Since the cognizance in this case has been taken based on complaint built on documentary evidence and the material being available with the complainant, the petitioners cannot flee from evidence.”

Brushing aside the contention of the respondents that the matter is not maintainable, the court granted conditional bail with a direction to furnish a bond for Rs two lakh along with two sureties.

It has further directed the former chief minister to attend the lower court proceedings without fail except under extraordinary circumstances, and not to commit any offence and not to leave the country without prior notice of the lower court.

On November 16, Justice Billappa had granted anticipatory bail to Yeddyurappa, his two sons and son-in-law in two complaints relating to alleged irregularities in denotification of government lands.

In PCR-6, Yeddyurappa is facing charges of allotting land illegally to R P Shankar, uncle of Sohan Kumar, which was subsequently transferred to Sohan Kumar.

The other charges include illegal gratification obtained by him through the firms managed by his sons – Davalagiri properties, Bhagat Homes Private Limited from Adarsh Developers – in return for allocation of land and approval of residential development plan. The incident also includes illegal denotification of land at Nagarabavi village.

Another petition by Yeddyurappa seeking to quash the summons issued in PCR 3 and 4, which came up before Justice Ananda Byra Reddy, was adjourned.

Plea rejected
In another case, the High Court rejected the petition filed by Sirajin Basha seeking to cancel the bail granted to sons of former chief minister B S Yeddyurappa, B Y Raghavendra, B Y Vijayendra and son-in-law R N Sohan Kumar.

Basha had moved the High Court seeking cancellation of bail on parity.  He had submitted that the bail of the trio and MLA Hemachandra Sagar be rejected on the same grounds on which bail of Yeddyurappa and Krishnaiah Setty was rejected in private complaint (PCR 3 and 4) by trial court.

Senior counsel and former advocate general Ashok Haranahalli, who appeared for Yeddyurappa, submitted that the question of parity does not arise as both Setty and Yeddyurappa are out on bail. Justice Pinto dismissed the petition as infructious.

‘File objections’
In another case, Justice Pinto directed Sirajin Basha to file objection to the petition seeking relaxation in bail conditions imposed by the Lokayukta Special court.

While granting bail to the family members of Yeddyurappa in denotification cases, the Lokayukta Special Court had imposed several conditions directing them to produce the documents of transactions of Davalagiri Property Developers and Bhagat Homes Pvt Limited from the day the operations started till the date of complaint, within seven days.

The court further stated that if the details are not submitted on the given date, their bail would get automatically cancelled. Justice Pinto relaxed the conditions until further orders.

Courtesy: Deccan Herald