Setback for Karnataka CM BS Yediyurappa as HC allows probe into Operation Kamala audiotape
The Karnataka High Court has vacated its previous stay into a leaked 2019 audio tape of Karnataka CM BS Yediyurappa in which he was heard trying to poach JDS MLAs by offering money and posts.
FollowIn a major setback for Karnataka Chief Minister BS Yediyurappa, the Karnataka High Court on March 31 permitted authorities to continue the investigation against him in a case of trying to lure a JD(S) MLA into the BJP's fold.
A criminal case was registered in 2019 for allegedly trying to woo Janata Dal (S) MLA Naganagouda Kandkur’s son Sharanagouda to the Bharatiya Janata Party by offering money and a berth in the Council of Ministers.
An interim order pronounced by Justice John Michael Cunha on Wednesday vacated the earlier order (dated February 2019) which had stayed probe into the case. Sharanagouda Kandakur, son of JD(S) MLA Naganagouda Kandakur, had allegedly recorded a conversation that took place between him and Yediyurappa at Yadgir Circuit House on the night of February 7, 2019.
The court has now allowed for an inquiry into the FIR filed by JDS leader Nagangouda Patil's son Sharanagouda Patil.
Interestingly, the court observed that “the allegations, if found true, would even attract offences of sedition, criminal conspiracy and illegal payments in connection with an election under the Indian Penal Code (IPC) as the allegations made in the complaint and the material produced clearly disclose that an attempt has been made by Yediyurappa and others accused to excite disaffection towards the government established by law by encouraging defection so as to topple the government by lure of money and position”.
Referring to the complaint and materials on record, the court said that “the allegations prima facie make out the ingredients of Sections 120B (criminal conspiracy, 124A (sedition) and Section 171H (illegal payment for elections) of the IPC”.
Then Chief Minister HD Kumaraswamy had released the audio clip of the conversation between the two while alleging that Yediyurappa tried to lure JD(S) MLA by offering money and position. He had allegedly tried to persuade Sharangouda into getting his father to defect to BJP.
The FIR also mentions two BJP MLAs Shivanagouda Naik of Devadurga and Preetham Gowda of Hassan. MB Maramkal, a former journalist and then advisor to Yediyurappa, was accused in the case. The three were allegedly present at the Circuit House when Sharanagouda met Yediyurappa and also allegedly tried to persuade him to switch sides.
