"It is the duty of the court to exercise its jurisdiction to protect personal liberty": Karnataka HC

Rakesh Shetty, MD, Power TV granted anticipatory bail by Karnataka HC

Recently, Rakesh Shetty, Managing Director and Editor of Power TV, got a reprieve from the Karnataka High Court. He was granted anticipatory bail in an alleged case of extortion registered against him. The anticipatory bail orders were issued on stringent conditions requiring Mr Shetty to furnish a bond of Rs 2 Lakh.

Karnataka HC cites observations made by Supreme Court in Arnab Goswami's case

The fact that Karnataka HC cited the recent Supreme Court order in the high profile Arnab Goswami case made everyone take note.

"It is the duty of the court to exercise its jurisdiction in a proper way to protect the personal liberty of a citizen. If courts do not interfere, then we are travelling the path of destruction. This proposition of law has been laid down by the apex court in its decision in the case of Arnab Manoranjan Goswami vs the State of Maharashtra and others decided on 11.11.2020.”- Karnataka HC

The basis of corruption charges against the Karnataka Chief Minister

One of the directors of Ramalingam Construction Company Limited, Mr Chandrakanth Ramlingam levelled charges of corruption against the Karnataka CM’s family for issuing a tender contract to Bangaluru Development Authority. 

This was followed by a series of programs against the BJP run government in the State being aired on Power TV. These programs showcased multiple reports accusing the chief minister B S Yeddyurappa of being involved in corruption.

The twist in the case

Mr Ramalingam subsequently registered a complaint against Mr Shetty with the Bangaluru Police. He accused Mr Shetty of coercing him into making these allegations. The Bangaluru Police sprang into action and registered a case against the MD of the local TV channel. However, the single Judge Bench of Justice BA Patil granted anticipatory bail to him on grounds of personal liberty. 

The Court ordered an unbiased and fair investigation based on the twisted turn of events in the case. The Court also directed the police to return the electronic equipment, laptops and hard disks belonging to Mr Shetty.

Was Arnab's case a blessing in disguise for journalistic freedom

Karnataka HC's reasoning while issuing anticipatory bail to Mr Shetty has raised eyeballs. 

A source was quoted as saying, "thanks to Arnab. we will have many victims of state oppression get freedom. The instances may be few, but still, it is a good tradeoff for 5 days of Arnab in jail. Every HC would be under pressure to release journalists and every defendant will use the Arnab judgement to seek freedom". 

It is pertinent to note that Justice D.Y. Chandrachud had questioned High Courts' over failing to uphold the principles of personal liberty while hearing bail applications during the hearing in Arnab Goswami's interim bail case.