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Karnataka
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Relief to Yeddyurappa, SC refuses to cancel anticipatory bail | In a major relief to the beleaguered former Karnataka Chief Minister and Bharatiya
Janata Party (BJP) strongman B.S. Yeddyurappa, the Supreme Court on Monday refused
to cancel the anticipatory bail granted to him by the Karnataka High Court in
a graft case relating to illegal mining. A bench of Justices T.S. Thakur and Ibrahim
Kalifulla dismissed the petition filed by the Central Bureau of Investigation
(CBI) challenging the anticipatory bail. "You want this man to be inside? What
for?" the bench asked Additional Solicitor General (ASG) Mohan Parasaran appearing
for the CBI. The apex court brushed aside Parasaran's plea that Yeddyurappa's
bail should be cancelled as he was "not cooperating" with the CBI in the investigations.
"If he is not cooperating then go and seek cancellation of his bail," the bench
told the ASG. The apex court also said that it cannot interfere with the grant
of anticipatory bail as the same can be done only on the gravity of the case and
the possibility of the accused jumping the bail. Parasaran contested that the
findings of the high court, while granting anticipatory bail to Yeddyurappa, were
not correct, as it prima facie gave an impression that the charges against him
were baseless and that there was no linkage between the alleged fraudulent transactions
relating to grant of lease and funds transferred to him and his family's account
while he was the Chief Minister. "Even if we will assume there is a linkage you
go and investigate, prosecute him, file a charge sheet and submit an application
for a recall of the bail," the bench said. However, the apex court said the investigating
agency shall not be influenced in its probe in any manner by the observations made by the high court.
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