HC grants advance bail to HDK
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The high court granted anticipatory bail to JD(S) state chief H.D. Kumaraswamy in a case of alleged illegal land denotification.
The court held that material on record at this stage do not prima facie indicate that he had got pecuniary advantage.
Justice K.N. Keshavanarayana granted the relief to the former CM in the case relating to alleged illegalities in denotification of three acres of government land in Thanisandra in 2007.
On April 20, the court had granted interim anticipatory bail to Mr Kumaraswamy for six weeks. “At this stage, I find no reasonable grounds to believe that the petitioner is guilty of any offence under the Prevention of Corruption Act or under IPC,’’ the judge said.
The court further stated, “As could be seen from the accusation made against this petitioner, prima facie, the alleged acts have been done in exercise of power as Chief Minister.
Therefore, prima facie sanction as required by Section of 197 of CrPC to prosecute him for the offences under IPC is necessary.
Perusal of chargesheet papers does not indicate any such sanction obtained from the competent authority”. The judge also observed the petitioner was an MP and the entire evidence against him was based on documents which have been seized and produced before the jurisdictional court.
There was no likelihood of Mr Kumaraswamy fleeing from justice, the court said, adding that since interrogation was already over and chargesheet filed before the jurisdictional court, and, as such, his presence was not required for custodial interrogation.
The case was registered on a private complaint by one Mr Mahadevaswamy. The Lokayukta court, last month, issued summons to Mr Kumaraswamy and others following which he had moved the High Court seeking anticipatory bail.
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