BENGALURU: Orally observing that the First Information Report (FIR) registered against Sringeri BJP MLA DN Jeevaraj on charges of tampering with postal ballots on a complaint filed by the polling agent of defeated Congress candidate TD Rajegowda appears to be politically motivated, stated the Karnataka High Court on Tuesday, staying further investigation into the case.
The court said that the FIR appears to be politically motivated, as it was registered three years after the alleged tampering of postal ballots on May 13, 2023. The current returning officer, Gaurva Shetty, has not been made an accused, despite allegations against him in the complaint, said a vacation bench of Justice V Srishananda, staying the FIR.
The court also issued notice to the complainant, Sudhir Kumar Murolli, who filed the complaint on behalf of Rajegowda at the Chikkamagaluru Town police station. The state is at liberty to move the court for vacating the stay, said the court, adjourning the hearing to May 7.
It passed the interim order after hearing a petition filed by Jeevaraja, who is accused No.2, questioning the legality of the FIR filed on May 3 this year, registered on various provisions of the IPC and the Representation of People Act.
The court observed that if there are any deviations, the same can be placed before the court in the election petition. The police have not named Shetty an accused in the FIR despite allegations against him in the complaint. This is nothing but abuse of power. The then deputy commissioner has also been made an accused now. Then, what the Supreme Court said in the West Bengal case will be applicable here. The police should not heed the political pressure, it added.
Defending the FIR, State Public Prosecutor BA Belliappa informed the court that he will receive instructions and place relevant records in support of the crime before the court on the next date of hearing.
The petitioner submitted that the FIR against him for the alleged procedural lapses by election officials is ex-facie an abuse of process and arises out of allegations already adjudicated by the high court in the election petition filed by Jeevaraja in 2023, through which this court ordered recounting of 279 rejected postal ballots on April 6.
The continuation of investigation seriously jeopardises the petitioner’s personal liberty, as there exists a real and imminent apprehension of arrest and unnecessary harassment. The criminal process is being misused to undermine a concluded judicial process and to interfere with the petitioner’s status as an elected representative, the petitioner alleged.