Court Orders Registration Of 'Special Criminal Case' Against Former Karnataka CM Yediyurappa

Recently, the court specified that the lack of evidence of illegal gratification to the accused does not prohibit initiating an investigation under Section 13(1) of the Prevention of Corruption Act

New Delhi: A special court in Bengaluru has ordered the registration of a 'special criminal case' against former Karnataka CM BS Yediyurappa regarding alleged corruption in a land denotification issue when he was the deputy CM in the BJP-JDS coalition government back in 2006-07.

Special court's sessions Judge B Jayantha Kumar, set up exclusively to deal with criminal cases related to elected MPs/MLAs in Karnataka, has issued the order on March 26, based on a private complaint by one Vasudeva Reddy.

"Register a Special Criminal Case against the accused No 2 BS Yediyurappa for the offence punishable under Sec 13(1)(d) R/w Sec 13(2) of the Prevention of Corruption Act, 1988. Issue summons to accused No 2 for his attendance only after filing of a list of witnesses as required under Sec 204(2) CrPC., and process fee is paid," the order said.

According to the complainant, the state government under the Karnataka Industrial Area Development Act acquired 434 acres of land in Bellandur, Devarabeesanahalli, Kariyammana Agrahara and Amanibellandur Khane to establish an Information Technology Park. The same was however denotified by Yediyurappa "in favour of private persons without any public benefit." The court in its order said the complainant has made a prima facie case against Yediyurappa, who has to be summoned.

"I am of the considered opinion that there is sufficient material to proceed against the accused by registering a Special Criminal Case and summoning accused No 2 of his attendance and give an opportunity to the complainant to establish his allegations against accused No 2.

"I am of the considered opinion that there is nothing on record to disbelieve the case of the complainant at this stage. He has made out a prima facie case against the accused for the offence punishable under Sec 13(1)(d) R/w Sec 13(2) of the Prevention of Corruption Act, 1988," the court noted.

In the original complaint filed by Vasudeva Reddy in 2013, Yediyurappa was the second accused with the then Industries Minister RV Deshpande being the accused No 1. The case against Deshpande came to be quashed by the HC in 2015.

Yediyurappa remains the sole accused in this case now. The Lokayukta police which investigated the case filed a 'B' Report in the case giving a clean chit to Yediyurappa citing that there was no evidence of illegal gratification. In a criminal case, the B Report submitted in court means that the police have completed the investigation and there is no offence made out against the accused.

The Special Court, though, had rejected the B Report in 2021.

In its latest order, the court has specified that the lack of evidence of illegal gratification to the accused does not prohibit initiating an investigation under Section 13(1) of the Prevention of Corruption Act.