Karnataka High Court stays proceedings against Minister Laxman Savadi in 2018 assault case

The Karnataka High Court on Thursday stayed further proceedings against Co-operation Minister and Athani MLA Laxman Savadi, who was recently arraigned as accused in a 2018 assault case [Laxman Sangappa Savadi Vs State of Karnataka]..

Justice Anant Ramanath Hegde passed the interim order after observing that the procedure followed by the Athani trial court in summoning Savadi appeared to be contrary to law.

“I am not on the merits; I am on the procedure. The procedure appears to be completely wrong. Once the witness is hostile, cross-examination is permitted. How come the chief examination? There cannot be chief examination thereafter?” the Court observed.

The case relates to an incident during a foundation-laying ceremony attended by Savadi in 2018, who was then an MLA. According to the prosecution case, the complainant had questioned Savadi, following which the latter's driver, personal assistant and supporters allegedly assaulted him. Savadi, however, was not named as an accused in the original charge sheet.

Savadi approached the High Court challenging a September 26 order of the Athani court, which had allowed the prosecution’s application under Section 319 of the Code of Criminal Procedure (CrPC) and directed that he be added as an accused in the case.

The Athani court said in its order that the police had made every effort to save Savadi from being implicated as an accused.

“This clearly goes to show that every effort is made by Athani Police to save one Laxman Sangappa Savadi from being implicated as accused in the said crime. It is not uncommon for the Police Department which is part of State Executive, to save and obey the leaders who command political power," it said.

Savadi then approached the High Court.

Senior Counsel Rajesh Mahalaya, appearing for Savadi, submitted that neither the original complaint nor the FIR or charge sheet contained any reference to Savadi in connection with the alleged assault.

Mahalaya submitted that when the complainant was initially examined before the trial court, he did not support the prosecution's case and was declared hostile. The prosecution was thereafter permitted to cross-examine him.

It was submitted that, during the course of the proceedings, the prosecution subsequently conducted what was described as a further examination-in-chief of the complainant, during which leading questions were allegedly put to him and Savadi's name was brought on record.

On the basis of the deposition, the prosecution moved an application under Section 319 CrPC to add Savadi as an accused.

He further contended that the material required for invoking Section 319 CrPC must be something more than mere prima facie material and that there was no such evidence against Savadi.

The High Court questioned the procedure adopted by the trial court after the complainant had been declared hostile.

“Once the witness is hostile, cross-examination is permitted. How come the chief examination? There cannot be chief examination thereafter?” Justice Hegde observed.

Therefore, it stayed further proceedings against Savadi in the case. However, the Court clarified that there is no stay on proceedings against the other accused.

Additional State Public Prosecutor Anoop Kumar appeared for the State. Advocate Damodar NN filed the petition on behalf of Savadi.