Karnataka HC refuses to quash FIR against ‘bribe giver’ 

Even before one week could lapse, the crime was registered and the petitioners were made accused.
FILE - A photo of the Karnataka High Court, used for representative purposes only. (Photo | Debdutta Mitra, EPS)
FILE - A photo of the Karnataka High Court, used for representative purposes only. (Photo | Debdutta Mitra, EPS)
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BENGALURU:  Observing that it is high time corruption is nipped in the bud by making the bribe giver susceptible to prosecution, like the bribe taker, the Karnataka High Court refused to quash the FIR registered against the owners and two employees of Karnataka Aromas Company by the Karnataka Lokayukta police. It was filed in relation to the tender scam allegedly involving BJP ex-MLA Madal Virupakshappa, who was chairman of Karnataka Soaps and Detergents Limited (KSDL) and his son M V Prashanth Kumar, finance adviser and chief controller of accounts in BWSSB.  

Justice M Nagaprasanna passed the order, rejecting the petitions filed by Kailash S Raj, Vinay S Raj and Chetan Marlecha, owners of Karnataka Aromas Company, and its employees Albert Nicolas and Gangadhar. 

“Prima facie, if the story narrated by the senior counsel, representing the accused petitioners, is accepted, it would be accepting a screenplay of a potboiler without letting investigation be conducted into such ingredients, as the story within a story is interesting to listen to. It is a katha sangama but if the petitioners are let off the hook, the very object behind amendment and substituting Sections 8, 9 and 10 of the Prevention of Corruption Act would be rendered redundant,” the court said.  

Earlier, the senior counsel had contended that the amendment to the Prevention of Corruption Act, introduced in 2018, clearly depicts that if the bribe giver is compelled to give a bribe under circumstances beyond his control, he should report it to the agency within one week. 

Even before one week could lapse, the crime was registered and the petitioners were made accused. Therefore, the petitioners cannot be dragged into the web of crime for the money belonging to accused No 4, he argued.  

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