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Thursday, September 1, 2011

KARNATAKA LOKAYUKTA: Kumaraswamy's anticipatory bail plea rejected!


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Bangalore Bureau, The Hindu / BANGALORE, August 30, 2011.

Former Karnataka Chief Minister H.D. Kumaraswamy.
Former Karnataka Chief Minister H.D. Kumaraswamy - The Hindu.


The former Chief Minister H.D. Kumaraswamy on Tuesday suffered setbacks in the High Court and the Special Lokayukta Court, which is hearing charges of corruption against him and his wife.
The High Court refused to grant stay on the proceedings initiated against Mr. Kumaraswamy and his wife Anita Kumaraswamy by the Special Lokayukta Court on a private complaint that accuses them of corruption for making bulk allotment to a housing society and granting permission to a mining company.
On his part, Judge Sudhindra Rao of the Special Lokayukta Court rejected the anticipatory bail applications filed by the JD(S) strongman and his wife. The court then commanded that the accused appear before the magistrate.
At this point, Hasmath Pasha, counsel for the couple, pleaded that his clients wanted to utilise the option of going on appeal against the Lokayukta Court's order and seek anticipatory bail in the High Court. Mr. Pasha argued that if his clients appeared before the Lokayukta Court, they would no longer have the option of approaching the High Court. When the Judge remained unimpressed with this line of argument, Mr. Pasha filed a petition where he sought exemption from personal appearance for his clients on health grounds.
He claimed in the petition that Mr. Kumaraswamy, a diabetic and having cardiac issues was suffering from hypertension on account of the “tension” caused by the court proceedings. Anita Kumaraswamy, he said, had joint pains and a slipped disc. He said doctors had advised the couple 15 days of rest.
The counsel for Vinod Goel, the third accused in the case and the owner of Janthakal Mining Company Ltd., also moved a similar exemption petition. He claimed that his client is being treated for severe back pain in Mumbai.
Taking only the health grounds into account, the court allowed the petition and exempted the accused from appearing before it for the day. But another summons order was passed ordering the accused to appear in person on September 5 “without fail”.


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