The Hindu : Karnataka / Bangalore News : Congress MLA's plea adjourned

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Friday, Jan 05, 2007
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Karnataka

Karnataka - Bangalore

Congress MLA's plea adjourned

Staff Reporter

Ramesh Kumar is an accused in Gownpalli murder case

BANGALORE: The Karnataka High Court on Thursday adjourned a petition by Congress MLA K.R. Ramesh Kumar seeking a stay on the appointment of a special public prosecutor (SPP) in the sensational Gownpalli murder case in which he is an accused.

On July 22, 2006, the Government issued a notification appointing H.M. Thimmarayappa as a special public prosecutor to argue the case. The appointment was challenged by Mr. Ramesh Kumar and his brother K.R. Krishnamurthy, K.S. Redappa and B.L. Ramaswamy Setty.

According to the petitioner, on March 31, 2003, Ramakrishna Reddy complained to the Gownapalli police that he was informed that Shamashankar Reddy had been murdered near a forest off Thimmalavarapalli Road in Srinivasapura taluk in Kolar district. Kadirappa, a Scheduled Caste (SC), was also found dead nearby.

Arrested

The police had registered a case and arrested several persons.

Later, the case was taken up by the Corps of Detectives (CoD), which filed a charge sheet against 15 persons before a local court in Srinivasapura.

During earlier proceedings, the State contended that Shamashankar Reddy belonged to the Congress and he was fatally assaulted on the eve of the election to the milk producers' cooperative society.

Claim

The petitioner claimed that the State, due to political compulsions, had alleged that he was an accused in the murder.

The State had decided to appoint a special public prosecutor to argue its case against Mr. Ramesh Kumar and others in the Gownpalli case.

The case was earlier being argued by the State Public Prosecutor.

The State then appointed Mr. Thimarayappa as the special public prosecutor.

Illegal

The three petitioners challenged the appointment stating that it was illegal as a case was still pending before the court and that Mr. Thimarayappa's appointment had on an earlier occasion been quashed by the High Court.

They alleged that Mr. Thimarayappa was legally not eligible to be appointed as a special public prosecutor.

A single judge had referred the case to a Division Bench. When the matter came up on Thursday, a Division Bench comprising Chief Justice Cyriac Joseph and Justice B.S. Patil adjourned further hearing.

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