Setback for Yediyurappa as Karnataka HC restores private complaint

The High Court of Karnataka on Wednesday restored a private complaint of bribery charges against former chief minister B S Yediyurappa, his son B Y Vijayendra and others. The complainant T J Abraham had challenged the order of a special court holding his complaint as not maintainable in the absence of a valid sanction.

A special court for cases pertaining to the elected representatives had dismissed the private complaint on July 8, 2021. The special court had referred to the apex court judgment in Anil Kumar and others v/s M K Aiyappa case that an order of investigation under Section 156 (3) of CrPC (FIR) cannot be made without valid sanction under Section 19 (1) of the Prevention of Corruption (PC) Act.

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The special court also recorded that the request for sanction made by the complainant against Yediyurappa was turned down by the then Governor Vajubhai Vala on June 23, 2021.

Justice S Sunil Dutt Yadav said the rejection of sanction for prosecution against Yediyurappa would not come in the way of continuance of proceedings. “The rejection of such request is liable to be ignored, as such request was not made either by the police officer or an officer of investigation agency or other law enforcement authorities; nor pursuant to the order of court as contemplated under first proviso to Section 19 of the PC Act,” the court said.

It was argued on behalf of Yediyurappa and other accused that an order of investigation involves application of mind and is to be construed as taking cognizance and hence sanction is required to be obtained. The advocates contended that the matter is pending before a larger bench of the apex court and till the reference is answered, the law as laid down in M K Aiyappa case needs to be followed.

Justice Yadav, however, said that the order of reference would not come in the way of ordering investigation under Section 156 (3) of CrPC. “..The question of sanction for passing an order under Section 156 would not arise, as it is that very question that has been referred to the larger bench and is still to be determined.”

Apart from Yediyurappa, Vijayendra, the complainant had named minister S T Somashekar, Yediyurappa’s grandson Shashidhar Maradi, son-in-law Virupakshappa Yamakanmaradi, Sanjay Sree, son-in-law of Yediyurappa’s daughter Padmavathi, businessman Chandrakanth Ramalingam of Ramalingam Construction Company Pvt Ltd and others.

The allegation was that Ramalingam Construction Company Pvt. Ltd paid Rs 12.50 crore bribe money through various persons to influence then Chief Minister Yediyurappa release funds from the departments and to expedite and speed up the file clearances/movements in various departments where the company has dealings with.