BENGALURU: The Karnataka High Court on Wednesday allowed a criminal petition filed by Nithyananda Swamy of Nithyananda Dhyana Peeta of Bidadi and quashed the non-bailable warrant (NBW) issued against him by the trial court, in relation to an alleged rape case. He challenged the order dated September 6, 2018, passed by a Sessions Court in Ramanagara, rejecting his plea seeking exemption from personal appearance, and issuing an NBW in the case registered against him by Bidadi police.
Nithyananda had sought exemption on the ground that he was practising ‘Chaturmasa’ on the banks of the Narmada, and had to complete the rituals. He said his advocate would represent him.The HC also allowed a criminal petition by Shiva Vallabhaneni, who challenged the trial court order rejecting his plea seeking exemption from personal appearance and issuing NBW.
He appealed for exemption on the grounds that his wife was suffering from a serious illness that may lead to cancer. The prosecution contended, both are stereotyped applications and no grounds to interfere with the orders passed by the trial court.
In the judgment, in relation to these petitions, Justice PS Dinesh Kumar said the impugned orders in both cases do not disclose cogent reasons for considering the plea of the accused, and were unsustainable. The court allowed both petitions and set aside the NBWs issued against them. The HC said the trial court can ensure their appearance for future dates.