BENGALURU: A special court set up to deal with criminal cases pertaining to elected representatives has acquitted BJP leader K S Eshwarappa and seven others booked by the Election Commission of India for violating the model code of conduct by allegedly misusing a religious institution to promote political activity in Sanganakallu of Ballari Rural constituency during the 2011 bypoll. Reason: Eyewitnesses, including the complainant tahsildar, turned hostile. 

The accused were MLA  Eshwarappa, former MLC Shashil Namoshi, the then BJP candidate P Gadhilingappa, former MLA B Shivaramareddy, S Indushekar and three priests of Sri Anjaneya Swamy Temple — Umamaheshwari, Ramanjaneya and Seetharama. The priests were booked for allegedly allowing the other accused to use the temple premises for political activity and not inform the same to the jurisdictional police. In the judgment, Judge B V Patil has said the evidence of material witnesses examined suffered from material contradictions and discrepancies, and the same did not corroborate with evidence of material witnesses. 

The court also found that the evidence produced by the prosecution was insufficient.
“None of the witnesses deposed about misusing the religious place by the accused to promote and propagate their political activity. The eyewitnesses have shown their total hostility to the case of the prosecution,” the special court said. 

The complaint was filed by Shashidhara Bagali, the then tahsildar of Ballari taluk, on November 19, 2011. Subsequently, Ballari Rural Police filed a chargesheet.