Karnataka HC grants interim anticipatory bail to BJP MLA Virupakshappa in graft case

Justice K Natarajan granted the interim anticipatory bail, with the condition that he shall surrender before the investigating office within 48 hours.
BJP MLA K Madal Virupakshappa. (Photo | Madal Virupakshappa Facebook)
BJP MLA K Madal Virupakshappa. (Photo | Madal Virupakshappa Facebook)

BENGALURU: The Karnataka High Court on Tuesday granted interim anticipatory bail to Channagiri BJP MLA K Madal Virupakshappa, who is on the run after the Lokayukta police registered a First Information Report (FIR) in a graft case.

Justice K Natarajan granted the interim anticipatory bail, with the condition that he shall surrender before the investigating office within 48 hours, and shall be released on bail on executing bond of Rs 5 lakh in the event of his arrest.

The court also said that Virupakshappa's interim anticipatory bail will be in force till the final disposal of the main petition and he shall cooperate with the investigation and shall not enter the office of the Karnataka Soaps and Detergents Limited (KSDL).

Virupakshappa, who resigned as Chairman of KSDL and absconded after his son Prashanth Madal, who is Chief Accounts Officer at BWSSB, was caught red-handed while allegedly accepting a Rs 40 lakh bribe from an agency to favour tender to supply chemical oil to KSDC, moved the court seeking anticipatory bail.

Granting time to Lokayukta police to submit the investigation report and their counsel to file the statement of objections, the hearing was adjourned to March 17, 2023.

The counsel of the Lokayukta argued that the bribe was paid as there was a demand by the petitioner and the investigating agency is yet to collect evidence. Granting interim anticipatory bail is equal to the main prayer of anticipatory bail and hence they require time to file a statement of objections, he argued while objecting to the anticipatory bail plea.

On the other hand, the counsel for the petitioner argued that except for naming the petitioner in the FIR, there is no demand for bribe and acceptance from the petitioner. 

The Lokayukta police registered FIR against Virupakshappa on March 2, 2023, under the provisions of the Prevention of Corruption Act, based on the complaint filed by Shreyas Kashyap and is absconding after his son Prashanth Madal was arrested in the case.

Virupakshappa contended that despite there being no set of facts so as to constitute the commission of the offences and that in the absence of no specific demand or acceptance by him, the lodging of a complaint and registering of FIR against him and continuation of the proceedings pursuant thereto, would amount to gross abuse of the process of court and of law. Therefore, he is constrained to invoke the extraordinary jurisdiction and inherent powers of the high court so as to prevent the abuse of the process of the court, he pleaded. 

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