Daijiworld Media Network – Bangalore (SP)

Bangalore, Oct 16: The single judge bench of the state high court (HC) presided by Justice K N Phaneendra, which examined the government's plea seeking cancellation of bail granted to Sri Raghaveshwara Bharathi Swamiji of Ramachandrapur Mutt, who is facing allegation of rape, directed the government to move an application in the sessions court which granted bail to the Swamiji in the first instance.

The bench, which held hearing on the plea of the government on Wednesday October 15, observed that as per the judgment of the Supreme Court, bail granted by the court concerned should be questioned in that court itself. The bench also observed that the subordinate court has the power to grant anticipatory bail and cancel it. It said that the government should first move its application for cancellation of bail in that court, before seeking remedy from elsewhere.

'As the additional advocate general has sought urgent hearing of the application, the subordinate court should take up the government's petition seeking cancellation of Swamiji's bail as soon as possible and announce its judgment based on merits,' the court order said. Before passing the order, the high court dismissed the government's argument that the judge of the subordinate court had sanctioned anticipatory bail to the Swamiji without properly using his discretion.

The bench in its oral observations, noted that the judge of the court is empowered to hear a case also has been vested with the power to uphold or reject anticipatory bail applications. 'We observe that the judge has used his discretion after considering all the aspects, background of the case, and other details. The order of the court has clearly mentioned the details of allegations faced by the Swamiji. We do not have reasons to believe that there is foul play here,' it observed.

'We do not find any fault in Swamiji's action in legally obtaining anticipatory bail from the sessions court, as the single judge bench of the high court, while dismissing an application seeking cancellation of case against Swamiji, had clearly said that the discretion over arresting or not arresting the Swamiji stands delegated to the investigating officer. Apprehending arrest under these terms, the Swamiji has legally obtained anticipatory bail. Why did the government not move an application before the judge to cancel the bail forthwith,' the bench questioned. At one stage, the bench wanted to know whether it can go ahead with dismissing of the government's petition, or whether the government will opt for withdrawing the petition.

In his arguments, additional advocate general, A S Ponnanna, averred that the sessions court had hurriedly granted anticipatory bail to the Swamiji, without even issuing notice to criminal investigation department (CID)and seeking objections if any. He said that the anticipatory bail has been obstructing free and fair investigation, quoting several judgments of the Supreme Court.

In the meanwhile, the CID police have served another notice to the Swamiji to appear before them for interrogation again on Thursday. It is learnt that in all likelihood, after interrogation, the Swamiji will be subjected to medical examination. It may be recalled that CID officials had told the media persons on Tuesday that the Swamiji would be subjected to all the tests that are normally conducted on persons accused of rape.

A delegation led by president of Karnataka Mahila Lekhakiyara Sangha, Vasundhara Bhupathi, and journalist, Gauri Lankesh, met the state chief minister on Wednesday, and submitted a petition seeking appointment of a special public prosecutor to ably handle the rape case filed against Raghaveshwara Bharathi Swamiji.