BSY's audio tape case: HC vacates stay on investigation

In a major setback to Chief Minister B S Yediyurappa, the Karnataka High Court (Kalaburagi bench), on Wednesday, vacated the stay on the investigation against him and others for allegedly offering bribe to JD(S) MLA Naganagouda Kandkur’s son Sharanagouda in 2019.

Yediyurappa and another accused had moved the court praying for quashing of the complaint and the FIR against them for offences under the Prevention of Corruption Act and IPC.

Justice John Michael Cunha said that the allegations prima facie disclose the commission of cognizable offences and the FIR cannot be quashed.

“Resultantly, petitioners being not entitled for the main relief claimed in the petitions, the question of continuing the interim order may not arise at all,” the court said.

The FIR was registered at the Devadurga police station in Raichur district on February 13, 2019. The three other accused in the FIR are BJP legislators K Shivanagouda Naik (Devadurga), Preetham Gowda (Hassan) and former journalist M B Maramkal.

Based on the petitions by Yediyurappa and Maramkal, on February 22, 2019, the High Court had passed an interim order of stay on the investigation until disposal of the writ petitions. Since the stay order was ex-parte, Sharanagouda moved an application seeking recall of the order.

Senior counsels appearing for Yediyurappa and others contended that an ex-parte order could be vacated only at the instance of “the party against whom an ex-parte order has been passed”.

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The state government had chosen not to prefer any appeal against the interim order.

The court observed that the government had been tacitly supporting the continuance of the interim order and said the same “speaks in volume about the interestness of respondent No. 1 (the state government),” the court said.

According to the FIR, the incident had happened at the Devadurga circuit house on February 8, 2019.

Sharanagouda alleged that Yediyurappa and others offered to meet all the election expenses of his father if he resigns, to join the BJP.

It is also alleged that Yediyurappa offered to give him Rs 10 crore as a bribe. A CD containing excerpts of this audio conversation was released. The case was transferred to the special court for elected representatives in Bengaluru recently.