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Wednesday, August 31, 2011

Courts deny bail, refuse stay on summon to H.D.Kumaraswamy

Former Karnataka chief minister HD Kumaraswamy and his wife Anitha received a double whammy from the judiciary on Tuesday: first the Lok Ayukta special court denied them anticipatory bail and then Karnataka high court refused to stay the summonses issued against them.

Meanwhile, the duo did not appear before the Lok Ayukta special court on Tuesday citing health problems. They had been issued summonses to be present before the court. The couple’s lawyer Azmath Pasha stated in the court that the former chief minister was a heart patient and diabetic, his sugar level was high because of stress and he was on medication.

Pasha contended that Anitha had severe back pain owing to slipped disc along with joint pain. The duo’s counsel stated that the doctors had advised them rest and thus they were unable to come to the court.

The third accused in the case, proprietor of Jantakkal Enterprises Vinod Goel, too stated that he had been suffering from back pain, because of travelling, and had been advised rest.

The case came up for hearing before the Lok Ayukta court at 3 pm. Justice NK Sudhindra Rao waited for the accused for around 10 minutes. Meanwhile, Kumaraswamy and his wife’s lawyer filed an application under Section 205 of Criminal Procedure Code, seeking exemption from personal appearance for the couple.

Their counsel drew the court’s attention to a provision under Sec 205 that says the accused may appear in the court through a pleader. Justice Rao turned down the application, saying he did not find any substance in it.

Earlier in the day, Kumaraswamy and Anitha’s anticipatory bail plea too was rejected. During the hearing, their counsel appealed to the Lok Ayukta special court that the duo be granted an exemption from personal appearance for 15 days as they had decided to approach the Karnataka high court for anticipatory bail.

Not finding any merit in the application, justice Rao said that the duo would have to appear in the court personally. On health grounds, he exempted them from appearing personally and asked them to be present before the court on September 5.

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