HC advance bail for BSY, kin

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Quoting English playwright and politician Joseph Addison – “Better to die ten thousand deaths than wound my honour”, as observed in a Supreme Court verdict, the Karnataka High Court on Thursday granted anticipatory bail to former CM B.S. Yeddyurappa, his two sons B.Y. Raghavendra and B.Y. Vijayendra and son-in-law R. Sohan Kumar in cases registered against them by the CBI.

Justice Subhash B. Adi granted anticipatory bail to all the four accused, imposing stringent conditions that in the event of their arrest, they are to be released on bail after furnishing a personal bond of `2 lakh each along with two sureties of like sum. The court also directed them not to leave Bengaluru without permission from CBI till the investigation is over, not to tamper with evidence and if any of the conditions are violated, the CBI can seek cancellation of bail.

Stressing on the importance of personal liberty, the court observed: “If honour and dignity vanishes, what remains in life? Personal liberty is fundamental right and should be held as imperative. However, an accused cannot claim absolute liberty, but is subjected to restrictions”.

Justice Subhash Adi granted bail mainly on the ground that the CBI probe is based on documentary evidence, which is already in its possession, and that the accused already have the benefit of bail in similar allegations in private complaints and the Lokayukta report.

So far as the accusation of donations or kickbacks are concerned, the HC observed that the source of CEC recommendation is based on Chapter 22 of the Lokayukta report, which is quashed by the HC, which quashed the sanction accorded by Governor H.R. Bhardwaj and the FIR filed in the case.
The HC observed that regarding the issue on donation made by JSW Steel Ltd in favour of Prerana Trust, the accused faced similar allegations in a private complaint before the Lokayukta court in which they have the benefit of anticipatory bail. The allegations in respect of donation are based on Chapter 22 of the Lokayukta report, which the HC had quashed in March this year.

Regarding the illegal denotification of land at Rachenahalli, the court observed that BDA had issued a notification on February 3, 2003, for acquisition of land, including Survey No. 55/2 in Rachenahalli, and had issued final notification on March 23, 2004. Later, two sale deeds were executed by the owners of the property in the names of Vijayendra on March 22, 2006, and Raghavendra on April 21, 2006.

A power of attorney was executed in the name of former minister Es En Krishnaiah Setty, and he then made an application to drop the acquisition on September 24, 2008, which was finally denotified on November 3, 2008 after the BDA said that when no award has been passed and that possession has not been taken, there are no impediments to denotify the said properties.

The original owner, Gowramma, later filed an application for conversion of land from agricultural land to non-agricultural and the same was granted on March 2009. One of the allegations are that, Mr Yeddyurappa, was deputy CM when the property was sold and when the denotification was done.