"At this stage, I find no reasonable grounds to believe that the petitioner is guilty of any offences under the Prevention of Corruption Act or under IPC," the judge said. The court further stated "as could be seen from the accusation made against this petitioner, prima facie the alleged acts have been done in exercise of power as the Chief Minister. Therefore, prima facie sanction as required by Section of 197 of CrPC to prosecute him for the offences under IPC is necessary. Perusal of charge sheet papers does not indicate any such sanction obtained from the competent authority".
The judge also observed the petitioner was an MP and the entire evidence against him was based on documents which have been seized and produced before the jurisdictional court. There was no likelihood of Kumaraswamy fleeing away from justice, the court said, adding that since the interrogation was already over and charge sheet filed before the jurisdictional court, Kumaraswamy's presence was not required for custodial interrogation. The case was registered on a private complaint by one Mahadevswamy. The Lokayukta court last month ordered issue of summons to Kumaraswamy and others following which, he had moved the High Court seeking anticipatory bail.