Bail gets BSY out of jail

After 24 days in prison, ex-CM out on conditions
Last Updated 08 November 2011, 20:16 IST

The judge also cautioned the former chief minister against tampering with evidence and ordered him to not leave the country without prior permission of the trial court pending disposal of the case. The judge also granted bail to former minister S N Krishnaiah Setty.

Several ministers and a large number of supporters greeted him as he emerged out of the Parappana Agrahara Central Jail.

The complainant had alleged that Yeddyurappa had denotified land at Agara, Rachenahalli and Uttarahalli in favour of Bhagat Home Private Limited run by his family members.

Granting bail to Yeddyurappa and Setty, the judge  said the documents submitted by  complainant Sirajin Basha were not certified. Besides, the lower court had not taken into consideration whether the documents submitted were verified and scrutinised.

The complainant’s counsel had stated that the documents were authenticated and pointed out that the governor had looked into it before according permission. The Lokayukta court too, he told the court, had accepted it before taking cognizance. Justice Pinto sought to know whether it was mentioned in the statement.

“The complainant, in his sworn statement, which runs up to seven pages, recorded before the lower court, has not averred that the documents furnished by him are "true". Under these circumstance, the Special Court should not have been taken into consideration the documents furnished. Therefore, there is no impediment in granting bail to the accused,” the court said.

Observing that the offence is made up on the basis of oral statement, the judge noted, “mere reading of the sworn statement does not disclose the guilty of offences” made under provisions of IPC 405, 406, 120b and section 13 (1)d, 13 (1) e of the Prevention of Corruption Act. 

The petitioner’s counsel had contended that denotification of government lands was permissible under Section 48 of the Land Acquisition Act. The court accepted it and said, “No fault can be made against the accused, and the offences under this act are not punishable."

The Karnataka Land Use Restriction Act, under which an offence was sought to be made against the accused for securing conversion of agricultural land into non-agricultural use, was also not punishable offence under the law.

Justice Pinto rejected the contention of the complainants that offences committed by the accused invites life imprisonment and said, “Both the accused have no antecedents of crime nor any case was pending against them or booked in any other case.”

Yeddyurappa was earlier granted bail in connection with the private complaint -3 by Sirajin Basha for illegal land denotification at Geddalahalli. Sirajin Basha, the complainant, said he is  planning to  appeal against the order after studying it.
Soon after Yeddyurappa was granted bail, his supporters gathered in front of his Race Course Road residence, burst crackers and distributed sweets. Yeddyurappa’s loyalist and Excise Minister M P Renukacharya led the celebration team. Energy Minister Shobha Karandlaje was conspicuous by her absence.

The release created jitters among the anti-Yeddyurappagroup. Except Chief Minister Sadananda Gowda and State Party President K S Eshwarappa, none from the camp openly commented on the development.

They seem to be apprehensive that Yeddyurappa may renew his demand for the party president post so that he could lead the party for the next Assembly elections. Speculation is rife that if his demand is not conceded, then he may walk out of the party with a substantial number of MLAs.

(Published 08 November 2011, 20:11 IST)

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