A bench of justices TS Thakur and Ibrahim Kalifulla dismissed the appeal filed by the Central Bureau of Investigation (CBI) challenging the anticipatory bail granted by the High Court. "You want this man to be inside? What for?" the bench asked Additional Solicitor General (ASG) Mohan Parasaran appearing for the investigating agency.
The apex court brushed aside Parasaran's plea that Yeddyurappa's bail should be cancelled as he was "not cooperating" with the CBI in the investigations. "If he is not cooperating then go and seek cancellation of his bail," the bench told the ASG.
The apex court also said that it cannot interfere lightly with the grant of anticipatory bail as the same can be done only on the gravity of the case and the possibility of the accused jumping the bail. Parasaran submitted that the findings of the high court, while granting anticipatory bail to Yeddyurappa, were not correct as it prima facie gave an impression that the charges against him were baseless and that there was no linkage between the alleged fraudulent transactions relating to grant of lease and funds transferred to him and his family's account while he was the Chief Minister.
"Even if we will assume there is a linkage you go and investigate, prosecute him, file a charge sheet and submit an application for a recall of the bail," the bench said. However, the apex court said the investigating agency shall not be influenced in its probe in any manner by the observations made by the state High Court.