SIRAJIN BASHA Vs. BS YEDIYURAPPA

JUDGEMENT

(1.) These appeals are preferred challenging the order passed by the learned Single Judge who has granted an interim order of stay of the operation of the order dated 08.08.2011 and 30.09.2011, issuing summons to the accused for their appearance in a proceedings initiated under the provisions of the Prevention of Corruption Act, 1988.

(2.) As common question of law is involved in all these appeals they are taken up for consideration together and disposed of by this common order. For the purpose of convenience, the parties are referred to as they are referred to in the writ petitions.

(3.) The petitioner is Sri. B.S. Yediyurappa, the former Chief Minister of Karnataka. The respondent who is common in all these writ petitions is one Sri. Sirajin Basha a practicing Advocate at Bangalore. The petitioner was functioning as Chief Minister from 30.05.2008 to 31.07.2011. He was a public servant during the said period. The respondent approached the Governor of Karnataka to accord sanction to prosecute the petitioner for offences under the Prevention of Corruption Act. 1988 (for short, hereinafter referred to as the 'Act'), as well as under the provisions of Indian Penal Code. The Governor of Karnataka accorded sanction by his order dated 20.01.2011. Thereafter the respondent filed five private complaints before the XXIII Addl. City Civil & Sessions Judge (CCH 24). Special Court for Lokayukta cases, for short, hereinafter referred to as the 'Special Court'. The said five complaints were registered as PCR 2 to 6/2011. The said complaints were under Section 200 of the Criminal Procedure Code for offences under Section 405, 426, 420, 463, 465, 468, 471 of IPC and Section 13(1)(d), 13(1)(e) and 13(2) of the Act and Sections 3 and 4 of the Karnataka Land Restriction of Transfer Act, 1991 read with Section 120-B of IPC. The Special Court took cognizance of the said offence on 26.02.2011. Thereafter, in PCR No. 3/2011 on 08.08.2011 ordered issue of summons to the accused. In PCR 4/11 on 23.08.2011, he ordered issue of summons to the accused. All accused including the petitioner appeared before the said Court. They have filed an application for grant of bail. Grant of bail is opposed by the respondent. After hearing both the parties, now the Special Court has reserved the case for pronouncing the orders on bail application and the case was listed to 03.10.2011.