HC breather for Byrathi, case adjourned to next month

NT Correspondent

Bengaluru: In a huge relief to Urban Development Minister Byrathi Basavaraj, the Karnataka High Court on Tuesday ordered a stay of further proceedings against him in a criminal case till the next date of hearing. The court has adjourned the matter to the second week of January 2022. The minister has been facing the heat in both the Houses of State’s legislature following Congress leaders pressing for his resignation after the Special Court’s order to register a criminal case against him and others in the alleged land grab case.

A Metropolitan Magistrate court had ordered a criminal case to be registered against five accused, including Basavaraj and MLC R Shankar following allegations of creation and registration of fake documents for land in Kalkere village, KR Pura hobli, Bengaluru East Taluk. A private complaint filed before the lower court alleged that Byrathi Basavaraj and BJP MLC R Shankar created fake documents and purchased over 35 acres of land in Kalkere village of Bengaluru East taluk in 2003.

The Minister and others who have approached the High Court state that the Special Court has passed the order without considering any of the judgments and orders of High Court and Civil Court’s finding on the same allegations, and rejected the ‘B’ Report filed by the jurisdictional police. Hence, they pray the High Court to quash the orders as the complaint before the Special Court is an abuse of the process of law.

The petition before the High Court was filed on the ground that A. Madappa, the complainant before the Special Court is in the habit of filing criminal complaints against the petitioners who are distinguished personalities in public life for reasons best known to him.

“The complainant has filed yet another complaint against the petitioners on identical allegations setting up blank-paper theory and creation of documents in respect of property which were the subject matter of civil suits filed by the complainant and his father and similar complaints against petitioners which were dismissed, having not been able to prove the allegations by the complainant,” the petition states.

It further adds that the Special Court called for the police report in the present complaint and the jurisdictional police conducted an investigation and submitted a detailed report with supporting documents containing the earlier orders passed in the criminal proceedings as well as the decrees passed by the civil courts.

However, the Special Court, without considering the police report and the documents annexed to the same, passed the order taking cognizance of the alleged offence and issued summons without assigning any reasons as to why the Orders passed by High Court, Civil Court and documents produced are not worth considering, it states.