During the hearing today, Nagesh told the Court that the complainant had filed cases against her own husband and son too.
“Complainant has been filing cases against husband, son, anybody and everybody on this earth! Against bureaucrats,” Nagesh contended.
Nagesh said that the offences alleged carries a maximum punishment of imprisonment of 8 years.
“Death, life imprisonment,” the Court asked.
“No such penalties for the offences alleged,” Nagesh replied.
He also submitted that the investigating officer (IO) had issued notice under Section 41A of Code of Criminal Procedure asking him to appear for questioning.
“Demonstrably, the IO has certainly felt arrest of petitioner (Yediyurappa) was not necessary. Otherwise he would not have issued notice to me under 41A,” it was submitted.
It was also highlighted that Yediyurappa appeared before the IO pursuant to Section 41A notice.
“On April 12, 2024, I (Yediyurappa) did appear before the Investigating Officer. I want to assist him in investigation. My statement was taken, my voice sample was recorded … and then warrant is issued against me,” Nagesh submitted.
“Arrest warrant was issued by police or by court,” the single-judge asked.
“By court! But on request of police by suppressing the facts,” Nagesh replied.
The judge then asked the Advocate General what was the necessity for seeking sudden arrest of the former CM.
“Whether he appeared for investigation on April 12,” the judge asked.
“No dispute on that, he gave his voice sample … only for voice recording,” the AG replied.
“Why you want arrest,” the Court asked.
“Voice sample was tested, we then issued notice on June 11,” the AG said.
“You didn’t have any problem till June 10? When did the reports come,” the Court further queried.
“It came on May 13,” the AG responded.
Source: Barandbench
