Yeddyurappa the Former Karnataka Chief Minister and his sons Lok Sabha member B Y Raghavendra and B Y Vijayendra, son-in-law R N Sohan Kumar and former minister Krishnaiah Setty appeared before CBI court in connection with the case of alleged kickback in illegal mining.
Along with Yeddyurappa, his sons – Lok Sabha member B Y Raghavendra and B Y Vijayendra, son-in-law R N Sohan Kumar and former minister Krishnaiah Setty appeared before Principal Judge D A Venkat Sudarshan, who adjourned the case till May 15.
On January 29, the court had directed Yeddyurappa and other accused to appear before it without fail. Special Public Prosecutor Sudarshan had earlier opposed the exemption applications filed by Yeddyurappa and sought time to clarify and furnish copies of certain statements sought by the accused.
On December 10, the court had granted bail to all the 13 accused while imposing certain conditions, including directing them to furnish a personal bond of Rs two lakh each and surety of like sum.
CBI had filed a charge sheet in October last year against the accused, including senior vice-president of a Bellary- based private steel company and five Bellary based firms,besides a Shimoga based Trust run by the family of Yeddyurappa for alleged abuse of official position and corruption
The Supreme Court on Monday refused to cancel the anticipatory bail granted to former Karnataka Chief Minister B.S. Yeddyurappa by the state High Court in a corruption case relating to a mining lease.
A bench of Justices T.S. Thakur and Ibrahim Kalifulla dismissed the appeal filed by the Central Bureau of Investigation (CBI) challenging the anticipatory bail granted by the High Court.
“You want this man to be inside? What for?” the bench asked Additional Solicitor General (ASG) Mohan Parasaran appearing for the investigating agency.
The Supreme Court brushed aside Mr. Parasaran’s plea that Mr. Yeddyurappa’s bail should be cancelled as he was “not cooperating” with the CBI in the investigations.
“If he is not cooperating then go and seek cancellation of his bail,” the bench told the ASG.
The court also said that it cannot interfere lightly with the grant of anticipatory bail as the same can be done only on the gravity of the case and the possibility of the accused jumping the bail.
Mr. Parasaran submitted that the findings of the High Court, while granting anticipatory bail to Mr. Yeddyurappa, were not correct as it prima facie gave an impression that the charges against him were baseless and that there was no linkage between the alleged fraudulent transactions relating to grant of lease and funds transferred to him and his family’s account while he was the Chief Minister.
“Even if we will assume there is a linkage you go and investigate, prosecute him, file a charge sheet and submit an application for a recall of the bail,” the bench said.
However, the Supreme Court said the investigating agency shall not be influenced in its probe in any manner by the observations made by the state High Court.
In a big relief to state BJP strongman BS Yeddyurappa, Karnataka high court on Wednesday quashed an FIR against him in an illegal mining case based on the Lokayukta report that had caused his exit as chief minister.
A division bench comprising justices Bhakstavatsala and Govindaraju passed the order allowing an application filed by Yeddyurappa challenging the Lokayukta police FIR and also governor HR Bhardwaj’s action directing Lokayukta to initiate criminal proceedings against him in August last. Yeddyurappa’s contention that proceedings were launched against him without giving him an opportunity to explain was upheld by the court.
The verdict comes a major morale booster to Yeddyurappa, who had quit the chief minister’s post in the wake of his indictment by Lokayukta report on illegal mining submitted on July 27 by the then anti-corruption ombudsman Santosh Hegde.
BJP central leadership had forced Yeddyurappa to quit on July 31 last in the wake of the Lokayukta findings.
The report had cited receipt of a Rs 10 crore donation from South West Mining Company to the Prerana Trust owned and managed by Yeddyurpapa’s family and another Rs 20 crore paid for purchase of 1.02 acres in Rachenahalli by the mining firm. Hegde in his report had observed that these payments were made to Prerana Trust in anticipation of getting some favours by the mining company, a charge Yeddyurappa had rejected.
Sandeep Patil, counsel for Yeddyurappa, welcomed the order and said it was a major victory for him as he had quit chief ministership on the basis of this report.
In a major setback to Chief Minister B.S. Yeddyurappa, the Karnataka High Court Thursday allowed police to question him and his kin on corruption charges and illegal land deal cases.
Justice K.N. Keshavanarayana cancelled the stay he had ordered on the trial court proceedings in the five cases filed against Yeddyurappa, his two sons, son-in-law and others.
The court ruling spells further trouble for Yeddyurappa, who is abroad at present, with the Lokayukta also naming him as amongst those involved in illegal mining in the state.
The judge had granted the stay in March on a petition by Yeddyurappa’s son-in-law R. Sohan Kumar challenging the trial court ordering police to probe five complaints against the chief minister, his kin and others.
The five complaints were filed in January by two Bangalore advocates Sirajin Bhasha and K.N. Balaraj after Governor H.R. Bhardwaj granted them permission to file criminal cases against Yeddyurappa and others on charges of corruption and illegal land deals.
Besides Yeddyurappa, the advocates have named his two sons, B.Y. Raghavendra and B.Y. Vijayendra, son-in-law Sohan Kumar and several others in their complaints.
Raghavendra is a Bharatiya Janata Party (BJP) Lok Sabha member
The Supreme Court Friday rejected a petition challenging the Karnataka High Court’s order staying criminal proceedings against Chief Minister B.S. Yeddyurappa and family in an alleged land grab case, but asked the lower court to take up the matter again.
The apex court bench of Justice V.S. Sirpurkar and Justice T.S. Thakur asked the petitioner, advocate Sirajin Basha, to move the high court and directed the high court to decide the matter in six weeks.
Yeddyurappa and his family members were accused of engaging in land grabbing, following which Karnataka Governor H.R. Bhardwaj gave permission to initiate proceedings against them.
Two advocates, including Basha, then moved a special court seeking proceedings under the Prevention of Corruption Act. But these proceedings were stayed by the high court when a member of Yeddyurappa’s family challenged it. Following this, Basha had moved the Supreme Court.
In a major relief to Karnataka Chief Minister B.S. Yeddyurappa, the state high court Friday stayed further proceedings in a lower court on corruption and illegal land deals cases against him.
The high court has already stayed a police probe, ordered by the lower court, into one complaint of illegal land deal against Yeddyurappa.
Additional Civil and Sessions Judge C.B. Hipparagi March 24 directed the police probe and was recording evidence in four other complaints against Yeddyurappa.
The five complaints of alleged corruption and illegal land deals were filed by two advocates in the last week of January after they were granted permission by Governor H.R. Bhardwaj to launch criminal proceedings against Yeddyurappa.
Justice K.N. Keshavanarayana of the Karnataka High Court, who March 29 stayed the police probe, Friday directed that all proceedings by Hipparagi in the remaining four complaints also be stopped till further orders.
His direction came on a plea by Yeddyurappa’s son-in-law R. Sohan Kumar.
The five complaints, filed by advocates Sirajin Basha and K.N. Balaraj, alleged that Yeddyurappa, his two sons, son-in-law and others have made money through illegal denotification (freeing from government control) of land by Yeddyurappa as the chief minister.
Justice Keshavanarayana also granted temporary relief to Home Minister R. Ashoka against whom also illegal land deal complaint has been filed in Hipparagi’s court.
The judge stayed proceedings till April 5.
A Bangalore court Thursday ordered a police probe into a private complaint against Chief Minister B.S. Yeddyurappa over a land deal. The investigation is to be completed by May 4.
The probe will be conducted by the police attached to the state Lokayukta (ombudsman), Additional City Civil and Sessions Judge C.B. Hipparagi ordered.
He is hearing five private complaints of corruption and illegal land deals against Yeddyurappa.
The complaints were filed by two advocates after Governor H.R. Bhardwaj granted them permission to prosecute the Bharatiya Janata Party’s first chief minister in south India over corruption and illegal land deal charges.
The Supreme Court on Tuesday issued notice to Karnataka Chief Minister BS Yeddyurappa and assembly Speaker KG Bopaiah on a petition by seven rebel legislators of the Bharatiya Janata Party who were disqualified from the house for expressing their lack of confidence in the chief minister. An apex court bench of Justice Altamas Kabir and Justice Cyriac Joseph issued the notice after senior counsel Rohinton Nariman told the court that an important question of law was involved in the matter.
The petition by Gopala Krishana Belur and six others has challenged their disqualification by the speaker and the Karnataka High Court’s Oct 29 decision to uphold it.
The legislators attracted disqualification after they met Governor H.R. Bhardwaj and expressed their lack of confidence in Yeddyurappa.
Taking cognizance of their action, Bopaiah disqualified them from the house.
The Karnataka High Court Monday rejected the plea of Chief Minister B.S. Yeddyurappa not to make him a party to a petition of five Independent lawmakers who have challenged their disqualification from the assembly.
A three-judge bench of Justice Mohan Shantanagoudar, Justice S. Abdul Nazeer and Justice A.S. Bopanna ruled that the chief minister be made a party to the case and adjourned the hearing till Nov 28.
Yeddyurappa had contended that he had no role in the disqualification of the lawmakers and hence the issue was between them and the speaker of the assembly.
The chief minister ‘is not a party before the speaker’, Yeddyurappa’s counsel argued. Counsel told the court that the decision to disqualify lawmakers was based on the complaint of voters.
The five Independent lawmakers were disqualified Oct 10 by Speaker K.G. Bopaiah on the basis of the complaint by five voters, who said these legislators had betrayed their voters by rebelling against Yeddyurappa.
The five Independents along with 11 lawmakers of the ruling Bharatiya Janata Party wrote to Governor H.R. Bhardwaj Oct 6 they no longer had confidence in Yeddyurappa.
Bopaiah disqualified all the 16 lawmakers Oct 10, a day ahead of the trust vote sought by Yeddyurappa. The chief minister won a second trust vote Oct 14 as the first one on Oct 11 was termed by Bhardwaj to be not in order.
The disqualification of the 11 has been upheld by the high court.
The five Independents are Shivaraj S. Thangadagi, D. Sudhakar, Gulihatti D. Shekhar, Ventakaramanappa and P.M. Narendraswamy.
The three judges had Nov 2 issued notices to the five voters, the speaker and the chief minister to respond to the Independent lawmakers’ petition challenging their disqualification.