Land Denotification Case| Special Court Orders Registration Of Criminal Case Against Former Karnataka Chief Minister BS Yediyurappa

A Special Court in Bengaluru, has ordered the registration of a criminal case under provisions of the Prevention of Corruption Act, against former Chief Minister of the state BS Yediyurappa, in connection with a land denotification case pertaining to the 2006-07 period when Yediyurappa was the Deputy Chief Minister. Additional City Civil and Sessions Judge B. Jayantha Kumar, dealing exclusively with criminal cases related to elected representatives, in its order dated March 26 said, "Register a Special Criminal Case against the accused No.2 Sri B.S.Yeddyurappa 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 list of witnesses as required under Sec.204(2) Cr.P.C and the process fee is paid." The direction was given while hearing a private complaint filed by one Vasudeva Reddy alleging offences punishable under Sec.120, 420, 406 of the Indian Penal Code ('IPC' 2 PCR 51/2013 for short) and for the offences punishable under Sec.13(1)(d) R/w Sec.13(2) of the Prevention of Corruption Act, 1988. Case Background: After hearing the complainant, the 23rd Addl. City Civil and Special Judge for Prevention of Corruption Act, Bengaluru City, referred the complaint for investigation under Sec.156(3) of Cr.P.C. to Deputy Superintendent of Police, Karnataka Lokayukta, against accused No.1 R.V.Deshpande and accused No.2 Sri B.S.Yeddyurappa. Deputy Superintendent M.G.Shankaranarayana, registered a case in Cr.No.11/2015 for the offence punishable under Sec. 13(1)(d) R/w 13(2) of P.C. Act. As against the order referring the complaint for investigation, Deshpande approached the high court which allowed the petition and quashed the proceedings against him by order dated 09.10.2015. Yeddiyurappa also approached the High Court against the order dated 18.02.2015 for referring the complaint for investigation and sought to quash the private complaint. The writ petition came to be dismissed by Hon'ble High Court of Karnataka by order dated 22.12.2020. After investigation, the police filed 'B' Final Report against accused No.2 stating that no offences appear to have been committed by accused No.2 under Sec.13(1)(d) R/w 13(2) of P.C.Act. In 2021 the court rejected the 'B' Final Report and consequently directed the Deputy Superintendent of Police to investigate the matter further, and to file Final Report / Additional Final Report expeditiously as per law. On 21.08.2021, Deputy Superintendent M.G.Shankaranarayana filed Additional 'B' Final Report and on 17.09.2021, the counsel for the complainant filed a protest petition. On hearing the counsel for the complainant, the Court rejected the 'B' Final Report filed and consequently, took cognizance against accused No.2 B.S.Yeddiyurappa. Complaint filed by the Reddy: It was said B.S.Yeddiyurappa was then Deputy Chief Minister from 3.2.2006 and 8.10.2007 and it is alleged that he denotified certain lands without any public interest or public purpose and denotification was illegal or a rank abuse of public office without any public interest. He denotified lands that were covered by the final notification dated 7.5.2004 and the illegal denotification favoured private persons without any public benefit and he ordered and secured denotification of 15 lands in favour of private persons through rank abuse of his office. It was also said that this complaint rests on public documents and on the basis of those documents, there exists documentary material for this Court to summon the accused B.S.Yediyurappa pursuant to the previous act of taking of cognizance by this Court. Further it was said that the owners of the lands have made common representation to KIADB seeking denotification of their lands through a land owner named Sri H.Munireddy. The CEO of KIADB did not perceive merit in the aforesaid representation of the land owners and he seriously expressed his opinion as to how the proposed denotification of those lands would defeat the public interest and impose a substantial burden upon the public exchequer. The complaint said, "B.S.Yediyurappa proceeded to order denotification of those 15 parcels of land in favour of private persons on 16.6.2006 by assigning a range of dubious, dishonest and false explanations. As directed by Sri B.S.Yeddiyurappa, the Deputy Chief Minister, the Government proceeded to denotify the lands that were specified by him and in his order." Court findings: The court went through the report submitted by Additional Secretary (Mines), on the request of the accused No.2 and this proceedings goes to show that the present accused No.2, the then Deputy Chief Minister stated that there is no need to implement the orders of the previous Minister at paras 239 to 242 and he has asked to examine the representation of Sri H.Munireddy and others and get a report...

Land Denotification Case| Special Court Orders Registration Of Criminal Case Against Former Karnataka Chief Minister BS Yediyurappa

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