Karnataka High Court Issues Notice To Former HC Judge In Plea To Probe Bribe Scandal For Governor's Post

A single-judge bench of Justice Krishna S Dixit issued the notice while hearing a petition filed by Advocate N P Amrutesh. The court said "Office objections are overruled. Learned AGA is requested to accept notice to respondent Nos. 1, 2 & 3. Issue emergent notice to respondent No.4 ( B.S. Indrakala).

The petition states that FIR No.0125/2020 dated 21.12.2020, came to be registered for the offences under Sections-109, 34 and 420 of the Indian Penal Code, 1860, by the Respondent No.1 (Wilson Garden Police Station) police upon written information given by the Respondent No.4 herein.

Further, it is said, "As the complicity of the Respondent No.4 was forthcoming in the said FIR and also various Newspaper reports, the petitioner submitted a representation dated 16.01.2021 to the police narrating in detail the involvement of the Respondent No.4 and that the allegations made in her written information, dated 21.12.2020 incriminates her and as such requested police to investigate the same and take necessary action."

Subsequently, the police informed the petitioner that the investigation of the above said crime was transferred to Respondent No.2 and hence on 13.02.2021, the petitioner submitted another representation to Respondent No.2 (CCB).

Later he was informed by CCB that the case has been re-transferred to the local police. The petitioner then submitted a representation to the Commissioner of Police.

Advocate Murthy D Naik appearing for the petitioner said, "The inaction on the part of Respondent Nos.1 to 3 in not taking action against Respondent No.4 based on the representations of petitioners is arbitrary and illegal. The said respondents have deliberately avoided taking action on the same, in spite of the fact that they are duty-bound to do so."

The plea states, "The very fact that in spite of lapse of more than 8 months from the time of submission of the representation to Respondent No.1 and 7 months from the time of submission of the representation to Respondent No.2 and more than 3 months from the time of submission of the representation to Respondent No.3, no action has been taken by the said respondents, would clearly indicate that they would not initiate any action on the representations given by the petitioner herein."

The plea prays for directions to the respondents to take action on the representation made by the petitioner. Also, it seeks to direct the police to initiate action against Respondent No.4 and conduct an investigation in respect of her complicity in the said crime.

Case background:

Yuvaraj Swami was arrested in December 2020 by Bengaluru police for allegedly cheating several people of crores of rupees by promising them high positions in the government.

The retired High Court judge allegedly paid the accused Rs 8.5 crore through RTGS and cash after Yuvaraj took the ex-judge to meet top political leaders to convince them to make payments in 2018-19. The retired judge filed a police complaint of being cheated by Yuvaraj Swami following his arrest in December 2020.

On April 5, the court while refusing to grant bail to Yuvaraj Swami had observed "It is most unfortunate that a former Judge of the High Court has paid a bribe to the petitioner for securing the Post of Governor, which acts of the complainant not only lowered the prestige of a Judge and also affected the image of the Governor's post."

Case Title: Amruthesh N P And Inspector Of Police

Case No: WP 17907/2021