B S YEDDYURAPPA Vs. JAYAKUMAR HIREMATH

JUDGEMENT

(1.) PETITIONER-former Chief Minister of the State is before this Court seeking anticipatory bail following the case registered against him in P.C.R.No.22/11 on the file of the Spl.Judge, Bangalore (Urban) in Cr.No.52/11.

(2.) SRI.Jayakumar S.Patil, learned senior counsel for the petitioner submitted that, though in respect of the complaint that was lodged against the petitioner and others ended in the Lokayuktha filing 'B' report, the complainant who is the 1st respondent herein is pursuing the matter before the trial court and has filed the protest petition and therefore, there is every apprehension of the petitioner being arrested in connection with the said case. It is therefore submitted that the petitioner in fact underwent agony of arrest on earlier occasion and therefore, the present petition for anticipatory bail.

(3.) HAVING thus heard both sides and taking note of Section 204 of Cr.P.C. being pointed out by the learned senior counsel for the petitioner and the matter being seized by the trial court in respect of the protest petition filed by the complainant, it cannot be said that the apprehension of the petitioner is ill- founded. In view of the submission made by the learned senior counsel that the petitioner was earlier arrested in connection with another case involving de- notification and this Court also having granted bail to the petitioner in Crl.P.No.5844/2011 & connected cases and Crl.P.No.6839/2011 & connected cases and there has been no complaint whatsoever of the petitioner having violated any of the bail conditions imposed upon him, likelihood of tampering with the evidence or fleeing from justice also cannot arise in this case under the said circumstances, more over the petitioner is said to be a former Chief Minister of the State. Taking these circumstances into account, in my view, the petitioner can be released on anticipatory bail subject to the conditions could be imposed upon him to safeguard the prosecution interest.