Bangalore, Nov 8: Former Karnataka Chief Minister B S Yeddyurappa today walked free after spending 25 days in jail with the High Court granting him bail in a graft case.
Hours after the court order, Yeddyurappa completed all bail formalities and stepped out of the Central Prison at Parappana Agrahara to a rousing welcome by hundreds of BJP activists.
Supporters of the BJP's Karnataka strongman raised slogans hailing him. Yeddyurappa's former ministerial colleague S N Krishnaiah Setty, also an accused in the case, was also freed after the High Court allowed both their bail pleas.
Yeddyurappa, credited with leading the BJP to form its first ever government in the south, told reporters outside the jail that he had lot of respect for judiciary and was happy over being granted bail.
“In the coming days the truth will come out,” a visibly relieved Yeddyurappa said as he thanked profusely those who performed pooja at temples across the state for his release.
The 68-year-old leader then drove to the Someshwara temple in the city and offered prayers.
With today's High Court order, Yeddyurappa has secured bail in two of the five private complaints regarding alleged illegal denotification of government lands.
Yeddyurappa and his family members have applied for anticipatory bail in the High Court in respect of three other private complaints pending before the Lokayukta Court.
The hearing on the bail pleas was adjourned to tomorrow by Justice H Billappa as arguments remained inconclusive today.
The former chief minister was remanded to judicial custody on October 15 by the Lokayukta Court which had issued arrest warrant against him in connection with the private complaints filed by advocates Sirajin Basha and K N Balraj.
In his bail order, Justice B V Pinto said Section 48 of Land Acquisition Act provides for land denotification by the government and “no fault can be made out against the accused for this as the said act (denotification) is not a crime in nature even if denotification is done violating rules”.
“The sworn statement (by the complainant) does not disclose any offence. The sessions court should not have rejected the bail applications of the accused,” the judge said.
In his order, Justice Pinto observed that the Lokayukta Court had relied on the sworn statement by the complainant without taking into account whether the documents submitted by him were verified and subjected to scrutiny.
The complainant has also not averred that the documents furnished by him are “true”, the judge observed and declared “therefore, there is no impediment in granting bail.”
He also noted that the sworn statement by the complainant did not disclose any offence made under the provisions of IPC and Prevention of Corruption Act.
The imprisonment of Yeddyurappa had cast a cloud on BJP leader L K Advani's Jan Chetna Yatra and brought out the sharp intra-party divide.
Initially there was uncertainty over Advani's yatra visiting the city with the Yeddyurappa camp reportedly not enthusiastic about it. When the rally did take place, several of Yeddyurappa's loyalist ministers had stayed away from it.
Yeddyurappa, who was asked to step down by the BJP central leadership in August after his indictment by the Lokayukta report on illegal mining, landed in trouble with the Lokayukta court taking cognisance of the private complaints.
After the court issued arrest warrant, Yeddyurappa on October 15 surrendered before the Lokayukta Court which remanded him to judicial custody after rejecting bail.
Chief Minister D V Sadananda Gowda, several of his ministerial colleagues and state unit BJP President K S Eswarappa welcomed the bail given to Yeddyurappa.
Yeddyurappa walked out of jail premises flanked by his two sons B Y Raghavendra and B Y Vijendra, also accused in the case but granted bail earlier by the Lokayukta court.
The police had a tough time in controlling the crowd that had gathered to receive Yeddyurappa.
Senior counsel Ashok Haranahally, appearing for Yeddyurappa argued that at the present stage when the cases are dependent on documents which have not been verified by an independent agency, where is the justification for arrest.
“Moreover, when the main accused is ready to cooperate with the probe, he has every right to be granted anticipatory bail”, he submitted.
Quoting an apex court judgement, Haranahally submitted that arrest “which can lead to humiliation and affect the reputation of the accused, should be the last option.”
He also pointed out that Yeddyurappa had been already granted bail by the high court in two of the five cases and said facts were similar in these three cases also.
Haranahally further pointed out “only selective documents have been produced by the complainant and although he has termed the denotification of land by the accused as an illegal act, the respondent has not substantiated as to how denotification by itself can become illegal”.
Senior counsel Ravi B Naik, representing the fifth accused former Minister Krishnaiah Setty argued that even the money which was paid as advance to Yeddyurappa for the land purchased for developing an posh residential enclave “Palm Meadows”, was termed as “illegal gratification received by A1 or bribe paid to A1”.
Senior counsel Jayakumar S Patil, representing Yeddyurappa's two sons and son-in-law argued that the only consideration now should be, whether the accused will be available for investigation and will he tamper with the evidence.
When there is no likelihood of the accused doing so they have the right for grant of anticipatory bail, he stated.
