'Ineffective, Incomplete, Defective Investigation': Court Rejects Police Report To Drop Corruption Case Against Karnataka CM Yediyurappa

A Special MP/ MLA Court in Karnataka has refused to drop the investigation against Chief Minister BS Yediyurappa in an alleged case of corruption relating to denotification of prime land in Bengaluru in 2006, when he was then the Deputy CM.

The Court of Addl. City Civil & Sessions Judge, Shridhar Gopalakrishna Bhat, rejected the 'B' Final Report submitted by the Lokayukta Police. It noted that the IO has not applied mind on the relevant matters to be investigated but has proceeded to form an opinion on the basis of "irrelevant and unconnected" materials.

The Court observed,

The Court has now directed the concerned Deputy Superintendent of Police to investigate the matter further in the light of the observations made in this order and to file Final Report/ Additional Final Report expeditiously, as per law.

Findings:

On going through the closure report and the documents produced by the IO, the Court noted, "the matters stated in Page No.1 to 49 and Page No.57 to 68 are found to be irrelevant and has no nexus with the allegation made against the present accused. It is very strange to note that the I.O. had gone to the extent of investigating the matter with regard to the properties denotified by the present accused, when he was the Chief Minister, which is not referred for investigation at all."

It added "If Page Nos. 50 to 56 are looked into, they are relating to the properties denotified under Notifications dated 21.06.2006 and 12.09.2007. So far as the properties denotified under Notification dated 21.06.2006 and the details furnished by the I.O. in that regard are concerned, it clearly appears that I.O. had just collected public documents relating to the said properties and narrated the same in his report and nothing more. It is astonishing that for what reason I.O. had gone to investigate the matter relating to Notification dated 12.09.2007 and also with regard to the properties denotified by the present accused being the Chief Minister."

The court then opined "It appears to this Court that either I.O. has not considered the contents of allegations made against the present accused in the complaint or deliberately mixed up unconnected matters, however for the reasons best known to him."

Finally it concluded by saying "On going through the facts of the present case, complaint averments, documents produced, Final Report filed and nature of the investigation conducted, this court is of the considered view that to unearth the truth and for furtherance /advancing the cause of justice, it is appropriate to direct the further investigation by exercising the power under section 156 (3) Cr.P.C. in the light of the observation made herein above and to file fresh Final Report/Additional Final Report accordingly. Hence, under these peculiar circumstances of the case, this court is of the considered view that it is just and proper to direct further investigation to meet with ends of justice and no other course is left open at this stage. The Investigation Officer shall keep in mind the observations made by the Hon'ble High Court in W.P.No.5043/2019 with regard to the delay in conducting the investigation."

Background