As per High Court Proceedings written excerpt from 23 July 2010 hearing of the quash petition filed in Crl.P. 1231/2010 “…there is no material for the offences under Sections 376 and 420 IPC”.
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VIDEO TRANSCRIPT:
Here are the 1st visuals of the tainted Swami Nithyananda being released from the Bangalore jail. Swami Nithyananda was granted bail on Friday and was arrested on charges of rape and as well as molestation.Aslesha is with us on the phone lines.
Aslesha what are the conditions of the release and secondly was it that the Bangalore Police was not able to build you know a good enough strong case around him that he’s finally managed to get bail?
Well, it’s absolutely right. Just a couple of minutes ago, we had Swami Nithyananda being released from the Ramanagaram jail. That’s where he was for the last 40 odd days.
Of course. During that period he was also in CID’s custody. So a total of 50 days that Nithyananda had spent in custody. Of course. Yesterday, the Karnataka high court granted bail for the tainted god man. What the Karnataka high court did say was that the prosecution was not able to gather enough evidence against the god man and that is why they were granting the bail. Now of course, this bail was subject to a couple of conditions, one of which was a personal bond for 1 lakh rupees and 2 sureties.
Of course Swami Nithyananda also has to surrender his passport before the court and he does not have any permission to leave the country without the permission of the court and what is most significant is really that Swami Nithyananda has been forbidden from undertaking any sort of public sermons and public classes during this bail period and if he were to undertake any of these sermons then his bail stands cancelled is what the Karnataka high court has said. Now of course Swami Nithyananda is facing charges under several sections of the IPC. That is if I can just recap for you 295-A of the IPC which suggests hurting religious sentiments. There is 506 for criminal intimidation, 420 for cheating, 376 for rape, 377 for unnatural offences and 120-B for conspiracy. So really his bail plea having been granted on ground of insufficient evidence having been collected by the prosecution.
FOLLOWING IS THE TRANSLATION OF THE ABOVE MEMO
No.11/Crimes/SE/CID/2010 Office of the Director General of Police
CID Office, Special Units & Economic Offences Carlton Bhavan, Palace Road, Bengaluru
Dt. 11-6-2010
To,
State Government Prsecutor
Karnataka High Court
Bengaluru-1
Sir,
Sub: Regarding Submission of present inspection report in Ramanagar Police Station Case No.141/10 and 142/10
What to be reported about the above subject is that on 18-3-2010 in Bidadi Police Station case based on 112/2010 Sec 295(A), 420, 376,377, 506(2) and 120(B) IPC was received from Chennai City Crimes Division and registered the case as Bidadi PS Case no.141/2010 sec 295, 420, 376,377,506(1) and 120(B) IPC. THE CID division has received Head Office order no. Crimes/23/CR RA No./2010 dt/19-3-2010 for further investigation of the case. At the time of the investigation, request has been submitted at the time of investigation to the Chief Judicial Magistrate of Ramanagar and twice search warrants had been obtained, and all the buildings and the living room of the accused Paramahamsa Nithyananda in Nithyananda Dhyanapeeta, Kallugopahalli in Bidadi were searched and seized through inquest 23 computer harddisks and 2 registration books, and entered in the List of Articles and teh court order has been obtained. They have been sent to the Central Forensic Laboratory, Department of Disputed Documents, Hyderabad for expert opinion. The opinion of experts is yet to come.
On 21-4-2-1-, in Malvich of Vikrampur City of Solan Dt. In Himachal Pradesh, Sri.M.S.Hussein Sub-Inspector of CID Department and also Sri.C.B.Hosakeri, arrested the accused-1 Nithyananda Swami and Nithya Bhaktananda, alias Gopal Sheelum Reddy and at the time 10 mobile phones, 9 sim cards, 3 laptops and 1 pen drive have also been seized and had been sent to Central Forensic Laboratory, Hyderabad, and the report from the experts has arrived. In traditional programmes of Brahmacharya and Vanaprastha, the devotees /volunteers are required to give their consent and acceptance to stimulating activities relating to sexual activities and participate. This has been highly controversial and can be considered as evidence for the crime.
On 24-4-2010, the complainant of the case, Sri Nithya Dharmananda, alias Lenin, had been subjected to interrogation at the CID office. The Non-Disclosure Agreement (of 10 pages) which was produced by Lenin at the time of interrogation has been seized and entered in the list of articles. In the 9th page of the said document, it is observed and agreement has been made wherein without the prior consent from the accused (Nithyananda), the activities about the sexual and other activities of the accused Paramahamsa Nithyananda Swami with the volunteers of the Ashram should not be revealed. To the said document, on behalf of Nithyananda Dhyanapeetam Trust, the trustee Smt.Ma Sadananda alias Jamuna wife of Sadananda had signed , it is revealed. An original CD videographed by the said complainant and 2 vie chips pertaining to the accused Paramahamsa Nithyananda and one of the main witness of the case Smt.Ranjitha Menon behaving indecently have been sent to the Forensic Laboratory in New Delhi and the experts opinion has been obtained. The experts have examined the two memory cards and informed that they are genuine CDs and no tampering what so ever had been made and in the two memory cards 58 files had been deleted. They have been retrieved again and the complainant has to be subjected to interrogation and obtain the information.
The main witness of the case Mrs.Ranjitha Menon has told through her lawyers that she would come back to the country and appear for enquiry. Her lawyers have been contacted through telephone.
It is known through some close contacts of another witness of the case Mrs.Ma Nithyananda Gopika that she also will be coming to Karnataka shortly. She would be interrogated when the information is known.
18 year old boy Nithya Vairagyananda is yet to be interrogated about his attempt to suicide by consuming poiso since he could not tolerate the torture given by Nithyananda Swami. His mother Nithya Nirantara is in Malaysia and she has been contacted through some well wishers. It is known that she also would be coming to Tamilnadu shortly she will be enquired.
Some anonymous threatening e-mails have been sent to the complainant of the case Sri Nithya Dharmananda. About this information is being collected through cyber police station.
Because of all these reasons, investigations about the case is under progress. Even though statements have been collected from 48 witnesses available so far no useful witness is available against the accused. Since main witness are in foreign countries, in order to interrogate them still more time is required.