HC refuses to stay trial against Kumaraswamy

Bangalore: Karnataka High Court on Tuesday refused to grant stay on the proceedings initiated against former chief minister HD Kumaraswamy and his wife by a lower court on a private complaint filed against them.

Justice KN Keshavanarayan rejected the applications filed by Kumaraswamy and his wife Anita praying for staying the proceedings before the Lokayukta Special Court initiated on a private complaint.

The Lokayukta court on August 8 issued summons on Kumaraswamy and his wife asking them to appear before it on Tuesday.

Kumaraswamy had challenged the issue of summons and also the proceedings initiated by the court against him.

Earlier in the day, the lower court dismissed anticipatory bail plea filed by Kumaraswamy and Anita.

In the private complaint filed by advocate Vinod Kumar, it has been alleged that Kumaraswamy illegally recommended renewal of mining licence of Jantakkal mining company and also allotted land to a private housing society when he was the Chief Minister.

The housing society in turn allotted a residential site to Anita, the complaint alleged.

Kumaraswamy and Anita are likely to appear before the Lokayukta court later in the day.

Former chief minister BS Yeddyurappa and some of his family members including his two sons appeared before the Lokayukta court on Monday.

While dismissing the petition, Justice Keshavanarayan observed that the court has no jurisdiction to grant the relief prayed for.

Meanwhile, Kumaraswamy's counsel Hashmath Pasha said the court could not grant stay on proceedings as the case was filed under Section 19(3)(C) of Prevention of Corruption Act.

There is also a Supreme Court decision in this regard, he said.

"There is a statutory bar for grant of stay on proceedings of the court under Sec19(3)(C) of the Prevention of Corruption Act," Pasha told reporters after emerging from the courtroom.

Pasha, however, said though the judge refused to grant stay on proceedings, it has admitted the petition for further consideration. "This is a good sign," he said.

He further said that his clients would file anticipatory bail application in the High Court and were confident of getting bail there.