BENGALURU: In a major setback to the Karnataka Lokayukta police, the Karnataka High Court on Wednesday quashed the proceedings against former BJP MLA K Madal Virupakshappa, former chairman of Karnataka Soaps and Detergents Ltd (KSDL), under the Prevention of Corruption (PC) Act.
Justice M Nagaprasanna passed the order, allowing the petition filed by Virupakshappa, accused No 1, questioning the validity of the FIR registered against him, based on the complaint filed by Shreyas Kashyap, a partner of Chemical Corporation.
Seeking an alleged bribe of Rs 60 lakh, Virupakshappa allegedly asked Kashyap to approach his son Prashanth Madal for hassle-free sanctioning of bills for of chemicals. After trapping Madal, the Lokayukta police found Rs 6.10 crore cash in his house.
The court said that in the entire complaint, there is no whisper that Virupakshappa had demanded a bribe or accepted, which attracts the offences under Section 7(a) and (b) of the PC Act. The entire allegation is against Virupakshappa’s son, who is prima facie guilty of demand and acceptance of the bribe. It is incomprehensible as to how the proceedings can be permitted against Virupakshappa, the court noted.
It said the petitioner’s son is answerable to the cash found and he has to answer the allegations in a trial. If the petitioner is nowhere found in any of the instances, merely because he is the father of accused No.2, he cannot be permitted to be prosecuted, it added.
The court also rejected Lokayukta's counsel’s contention that it cannot be said the father is not involved in the act of the son and further proceedings should be permitted owing to certain moral obligations.
Referring to KSDL MD’s statement about the alleged interference of Virupakshappa in the tendering process, the court noted that nowhere did Virupakshappa participate in the proceedings. On all these counts, permitting further proceedings against him would become an abuse of the process of law and result in a miscarriage of justice, it said.
The court said it need not go into the issue of obtaining prior approval under Section 17A of the PC Act required for registration of crime against Virupakshappa.