JOIN USThe Karnataka High Court has granted anticipatory bail to to former Karnataka Chief Minister B S Yedyurappa and his sons B Y Raghavendra, B Y Vijayendra and son-in-law R N Sohan Kumar. They were fearing arrest by the Central Bureau of Investigation (CBI).
Justice Subhash B Adi granted them conditional advance bail and observed that the CBI, which is interrogating them since past one month, had not sought custody of the accused. “The CBI had filed an FIR on May 15, 2012 and it has been more than one month. The investigation is on without custody. There is no need for it.”
Yeddyurappa and his family are in the midst of an investigation conducted by the CBI for illegal mining and kickbacks received for issual of mining licences, based on a directive from the Supreme Court.
Justice Adi, who dictated the order in a fully packed open court, said that the custody of the accused is not required as the matter is based on documentary evidence and is available with the investigating agency.
The anticipatory bail was granted “considering the gravity of the matter and relying upon the decision of the Apex Court which has observed that the allegations are based on documents and are available with the respondents.”
Stating that the petitioners are entitled for anticipatory bail, Justice Adi observed that unless custodial interrogation was imperative, the same if allowed would lead to humiliation.
The judge cited the Supreme Court order in the case of Gurbaksh Singh and Siddaram Mehta, which says, “ It is better to die ten thousand times than suffer the wounds of humiliation”. The court referred to the present context and observed, “ It is necessary to strike a balance between personal liberty and interest of the society.
To do so, the Apex Court has stated certain parameters while granting bail.”
Granting the bail, the court said, “ In case of arrest, the accused will be at large on bail. The petitioners are to furnish a personal bond of Rs 2 lakh each and two sureties of like sum”
The court has also directed the petitioners not to leave Bangalore without prior permission from the investigating agency (IA).
Directing the petitioners not to tamper with the evidence, the court granted liberty to the investigating agency to seek cancellation of anticipatory bail.
On the CBI’s submission that the accused are not cooperatin in the investigation, the court said it is not a ground for rejecting anticipatory bail.
When counsel for the petitioners, Prabhulinga Navadgi requested the bench to allow the petitioner (former Chief Minister) to travel outside the City, Justice Adi refused to do so and said, “ The investigation is time bound. He has to obtain prior permission from the investigating agency.”
Yeddyurappa expressed happiness over the High court order. “I have great respect for the judiciary and the CBI. My family and I will fully cooperate with the investigations. We are ready to go to the CBI office whether we are called”, he said.
He called upon his supporters not to celebrate the occasion. “I will come out clean from all the charges against me”, Yeddyurappa said.