BENGALURU: The special court for elected representatives has permitted the prosecution to frame additional charge of cheating against BJP MLA B Sriramulu.
Judge Ramachandra D Huddar recently allowed the application filed by the Special Public Prosecutor under Section 216 of the CrPC to add additional charge against Sriramulu for the offence punishable under Section 420 (cheating) of the IPC. The prosecution had filed the application as the Cowlbazar Police Station in Ballari Rural Circle had deleted the offence under Section 420 of the IPC against Sriramulu during the investigation, despite availability of the required material.
According to the prosecution’s application, Sriramulu induced complainant Somanna to pay money, promising that he would get him either nominated as MLC or ‘B’ form from BJP to contest Lok Sabha Election from Raichur constituency. Sriramulu was a minister then and holding different positions in the party. Therefore, the version of Sriramulu was believed by Somanna, it said.
“The court has found acceptable ground to frame the additional charge against the accused for the offence punishable under Section 420 of IPC. Application filed by prosecution is allowed,” the special court said.
According to the prosecution, Sriramulu had drawn cheque for payment in favour of the complainant, who presented the same before the banker for encashment. The said cheque was dishonoured.
“There is a delivery of money by the accused as per the submission of the prosecution. Therefore, at this stage, ingredients of offence of cheating have been brought on record by the prosecution. Now, the prosecution has to prove, whether at this stage it is permissible to add the charge,” the court said.
Sriramulu was also the founder president of BSR Congress Party, and he had nominated complainant Somanna as the party secretary in Mysuru district. In the cross-examination during trial, Somanna stated that Sriramulu had requested him to pay Rs 75 lakhs. At that time, Somanna requested Sriramulu to pay earlier amount taken by him. Then Sriramulu told him that he will pay the entire amount and also provide him a ticket to contest the election from Raichur constituency, which induced Somanna to pay the money.