HC grants bail to Basavarajan in conspiracy case filed by SJM mutt

On Thursday, a single-judge bench headed by Justice S Rachaiah heard the criminal petition filed by SJM mutt pontiff Basavaprabhu Swamiji and upheld the plea of the petitioner.

The Karnataka high court granted conditional bail to former MLA and ex-administrator of SJM mutt SK Basavarajan, who was arrested under charges of criminal conspiracy against the math’s pontiff Shivamurthy Murugha Sharanaru.

A case was filed under charges of criminal conspiracy against the math’s pontiff Shivamurthy Murugha Sharanaru. (HT File)

On Thursday, a single-judge bench headed by Justice S Rachaiah heard the criminal petition filed by SJM mutt pontiff Basavaprabhu Swamiji and upheld the plea of the petitioner.

Senior advocate Hashmat Pasha, who represented the petitioner, said, “The petitioner has been charged under sections 120-B (criminal conspiracy), 384 (extortion), 420 (cheating) and 366-A (use of minor girl for malicious purpose) of the Indian Penal Code. Earlier, an FIR was registered against the petitioner in connection with the same allegation, again a second FIR was also registered on the same charges. There is no law to file two FIRs concerning the same case,” he argued.

Senior advocate Hasmath Pasha, arguing for Basavarajan, submitted that the allegations against him were politically motivated. He argued that the allegation against Basavarajan was a counter-complaint following the arrest of Sharanaru under provisions of the Protection of Children from Sexual Offences (Pocso) Act.

Basavarajan was in illegal custody as the alleged offences against him has not even taken place, the court was informed.

“The FIR was registered against the petitioner with political malice. Basavaprabhu Swamiji, the current in-charge of the Mutt, filed a counter-complaint against the petitioner as Shivamurthy was accused in the Pocso case. It is illegal to keep the petitioner in judicial custody when no offence has been committed. Still, there is no question of the charge of extortion arising in this case,” he added.

Public prosecutor Shankar, who represented the state government, said there are serious allegations against the petitioner. The case is under investigation. Bail should not be granted in this situation, he pleaded.

In the first week of November, an audio clip went viral on social media where a man could be heard telling a woman to file a sexual harassment case against SJM pontiff Shivamurthy Sharanaru.

The SJM mutt pontiff, facing two Pocso cases against him, is in judicial custody since September 2.

Based on the audio clip, SJM in-charge pontiff Basavaprabhu Swamiji filed a police complaint on November 9, alleging that the cases against Sharanaru are fake and people accused behind it should be arrested.

The police said they identified the prime accused as Basavarajendran, a teacher at SJM educational institution, on November 10.

The audio went viral in which Basavarajendran can be heard influencing the victim on request from her mother to file a sexual harassment complaint against the pontiff.

The police arrested SK Basavarajan on November 10. After the FIR, Basavarajan’s wife and former Chitradurga Zilla Panchayat president Sowbagya were absconding.

The police arrested Sowbagya Basavarajan from Davanagere on December 16, and she is currently in judicial custody.