Karnataka HC refuses to quash case against Chief Minister’s political secretary

In a setback to N.R. Santosh, political secretary to Chief Minister B.S. Yediyurappa, the High Court of Karnataka has declined to quash felony proceedings against him in a case of an try to kidnap N.S. Vinay, who was working as an adviser to K.S. Eshwarappa when the latter was Leader of the Opposition within the Legislative Council.

“It is not a fit case to exercise powers under Section 482 of the Code of Criminal Procedure and the truthfulness of the statement of witnesses has to be ascertained only after the trial… this court, under Section 482 of the CrPC, cannot ascertain the truthfulness of the statement of witnesses…,” the High Court noticed.

Justice H.P. Sandesh handed the order whereas dismissing a petition filed by Mr. Santosh questioning the charge-sheet filed by the police arraying him as accused number-1 together with 11 others, and the cognisance of offences taken against him by the Sessions Court.

The High Court famous that the small print of name data between Mr. Santosh and one of many accused confirmed two calls between them a couple of days prior to the try to kidnap on May 11, 2017, in Mahalakshmi Layout police limits in Bengaluru metropolis.

It was alleged that Mr. Santosh, when he was working as a private assistant to Mr. Yediyurappa (who was BJP State chief in 2017) had conspired to kidnap Mr. Vinay to safe a compact disc containing sure supplies associated to Mr. Santosh. The bid to kidnap failed as Mr. Vinay raised alarm on a public highway.

Also, the High Court took notice of the assertion given by a girl, who was a typical pal for each Mr. Santosh and Mr. Vinay, to the police in regards to the former allegedly inviting the accused individuals for meals to a resort by WhatsApp and telephone. She had spoken a few conspiracy between Mr. Santosh and the opposite accused to kidnap Mr. Vinay and assault him.

Mr. Vinay, who argued the case personally with out partaking a lawyer, contended earlier than the High Court that Mr. Yediyurappa had tried to shield Mr. Santosh, who can also be the Chief Minister’s nephew. The High Court, in its order, recorded Mr. Vinay’s submission that Mr. Yediyurappa had “written a letter to the investigating officer not to take any action against Mr. Santosh”.

It was alleged within the charge-sheet that on the occasion of Mr. Santosh, one of many accused individuals offered the car used within the offence with a modified quantity plate. It was additionally mentioned that they used Prashanth, a rowdy-sheeter, and 9 others to commit the alleged crime.

Interestingly, Mr. Vinay instructed the High Court that Prashanth had “died under mysterious circumstances” when Mr. Santosh’s identify surfaced within the case.