The Karnataka excessive courtroom granted conditional bail to former MLA and ex-administrator of SJM mutt SK Basavarajan, who was arrested underneath prices of legal conspiracy in opposition to the mathematics’s pontiff Shivamurthy Murugha Sharanaru.
On Thursday, a single-judge bench headed by Justice S Rachaiah heard the legal petition filed by SJM mutt pontiff Basavaprabhu Swamiji and upheld the plea of the petitioner.
Senior advocate Hashmat Pasha, who represented the petitioner, mentioned, “The petitioner has been charged underneath sections 120-B (legal conspiracy), 384 (extortion), 420 (dishonest) and 366-A (use of minor lady for malicious goal) of the Indian Penal Code. Earlier, an FIR was registered in opposition to the petitioner in reference to the identical allegation, once more a second FIR was additionally registered on the identical prices. There is no such thing as a legislation to file two FIRs regarding the similar case,” he argued.
Senior advocate Hasmath Pasha, arguing for Basavarajan, submitted that the allegations in opposition to him have been politically motivated. He argued that the allegation in opposition to Basavarajan was a counter-complaint following the arrest of Sharanaru underneath provisions of the Safety of Youngsters from Sexual Offences (Pocso) Act.
Basavarajan was in unlawful custody because the alleged offences in opposition to him has not even taken place, the courtroom was knowledgeable.
“The FIR was registered in opposition to the petitioner with political malice. Basavaprabhu Swamiji, the present in-charge of the Mutt, filed a counter-complaint in opposition to the petitioner as Shivamurthy was accused within the Pocso case. It’s unlawful to maintain the petitioner in judicial custody when no offence has been dedicated. Nonetheless, there is no such thing as a query of the cost of extortion arising on this case,” he added.
Public prosecutor Shankar, who represented the state authorities, mentioned there are critical allegations in opposition to the petitioner. The case is underneath investigation. Bail shouldn’t be granted on this state of affairs, he pleaded.
Within the first week of November, an audio clip went viral on social media the place a person could possibly be heard telling a girl to file a sexual harassment case in opposition to SJM pontiff Shivamurthy Sharanaru.
The SJM mutt pontiff, dealing with two Pocso instances in opposition to him, is in judicial custody since September 2.
Based mostly on the audio clip, SJM in-charge pontiff Basavaprabhu Swamiji filed a police criticism on November 9, alleging that the instances in opposition to Sharanaru are pretend and folks accused behind it ought to be arrested.
The police mentioned they recognized the prime accused as Basavarajendran, a trainer at SJM instructional establishment, on November 10.
The audio went viral during which Basavarajendran might be heard influencing the sufferer on request from her mom to file a sexual harassment criticism in opposition to the pontiff.
The police arrested SK Basavarajan on November 10. After the FIR, Basavarajan’s spouse and former Chitradurga Zilla Panchayat president Sowbagya have been absconding.
The police arrested Sowbagya Basavarajan from Davanagere on December 16, and he or she is at present in judicial custody.