K’taka HC clears filing of SIT report in rape case against BJP MLA Ramesh Jarkiholi

“So far as the permission to submit investigation report with respect to crime number 30/2021 we are of the prima facie view that once (the) investigation is completed and it has been accepted and approved by the head of the SIT there is no reason to restrain the investigating officer from submitting the report to a competent court,” the high court observed in its order.

“The question with respect to (the) constitution of SIT under impugned orders and the validity of the said SIT is to be considered by this court,” the HC has ruled.

The order is expected to clear the path for the return of Jarkiholi to the cabinet in Karnataka, after being forced to quit in March 2021 due to the rape allegations.

In the process of the court hearing over the constitution of the SIT, it has been indicated by the state government that a closure report is going to be filed in the case of sexual assault while a probe into a counter-complaint of extortion made by the MLA remains open for further probe.

The investigations by the SIT has found inaccuracies in the rape allegations made by the woman, according to police sources.

The SIT moved an application in the Karnataka High Court on January 6 for permission to file a report on its investigation into a case pertaining to allegations of sexual assault filed against the BJP MLA, Ramesh Jarkiholi by a woman.

The SIT indicated that its probe into a counter-complaint of extortion filed by the MLA was still under investigation.

On July 19, 2021, the SIT had placed reports of its investigation into the complaints of sexual assault and extortion before the high court while seeking permission to file the reports in a lower court.

On July 27, the high court had restrained the SIT from filing final reports in the investigations into allegations of rape made against the BJP MLA, and a parallel probe into extortion allegations made by the MLA.

The high court had raised questions over the absence of supervision of the probe by the head of the SIT who was on leave during a major part of the probe between May to July due to personal reasons.

The high court asked the SIT to resubmit the investigation reports after examination by the head of the SIT Soumendu Mukherjee – an officer of the rank of inspector general of police. The reports were submitted again in December with the concurrence of the SIT chief.

The woman in the case approached the high court against the setting up of the SIT and has sought quashing of the SIT investigations. Advocates for the woman argued that the investigation was not carried out as per Criminal Procedure Code.

Ramesh Jarkiholi was forced to resign from the post of water resources minister on March 3, 2021 after a sex CD was broadcast on television channels on March 2, 2021.

Initially, Jarkiholi claimed the CD was fake but in a later statement to the SIT he said it was not fake and that he was blackmailed by a gang of extortionists with the recordings.

Ramesh Jarkiholi is hoping to return to the Karnataka cabinet if he is cleared of the allegations against him by the SIT probe.

The Jarkiholis have emerged with a trump card after legislative council polls held in December where Ramesh Jarkiholi’s younger brother Lakhan Jarkiholi won a crucial seat as an Independent candidate from Belagavi even as the BJP fell one short of a clear majority in the 75-member upper house.

The support of Lakhan Jarkiholi is perceived as being crucial to the BJP in the Legislative Council in the coming months – in order to have a majority of its own to pass legislations.