Today, the Karnataka High Court has granted Anticipatory Bail to BJP Leader Madal Virupakshappa. The Court ordered furnishing a personal bond of Rs 5 lakh. The bench of Justice K Natarajan directed Virupakshappa to cooperate with the investigation and surrender before the police within 48 hours of receipt of the order.
The court also ordered not to enter Karnataka Soaps & Detergents Ltd (KSDL) till further orders. He was the former chairman of Karnataka Soaps & Detergents Ltd but resigned after his son V Prashanth Madal was allegedly caught red-handed by the Lokayukta while accepting a bribe.
In its petition filed by advocates Sandeep Patil and Swamini G.Mohanambal. Virupakshappa said -
"The FIR has been registered for offences under section 7(a) & (b), 7(A) 8, 9 & 10 of the Prevention of Corruption Act, 1988, against the petitioner. None of the ingredients so as to make out the said offences are present in the complaint and as such the entire exercise of filing the complaint and registration of FIR is wholly illegal and malafide, done with the intention of harassing the petitioner,"
Case Brief:-
The complaint was lodged before the Lokayuktha Police alleging that Virupakshappa demanded illegal gratification to process a certain tender in Karnataka Soaps & Detergents Ltd (KSDL). Pursuant to the complaint, the Lokayuktha Police registered an FIR for offences under section 7(a) of the PC(Amended) Act, 2018 against the petitioner and others. Later, Virupakshappa's son V Prashanth Madal and other accused were allegedly caught red-handed accepting a graft of Rs 40 lakh. It has also been alleged that over Rs 8 crore was recovered by Lokayukta from the MLA's son last week.
“In the instant case, nowhere in the complaint and FIR, there is any specific allegation against the petitioner to have taken the alleged illegal gratification. Mere recovery of money from Accused No.2 bereft of any material showing illegal or corrupt means or abuse of official function, would not be sufficient cause to register and maintain proceedings under the alleged offences of the PC Act, 1988. Hence Petitioner is liable to be released on anticipatory bail,” Virupakshappa said in the plea.
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