HYDERABAD: The Telangana High Court, presided over by Justice K. Lakshman, dismissed a criminal petition filed by Kalvakuntla Tarakarama Rao (KTR), MLA from Sircilla, Working President of the Bharat Rashtra Samithi (BRS), and Accused No. 1 in Crime No. 12/ROC-CIU ACB-2024. The case, registered by the Anti-Corruption Bureau (ACB), involves allegations under Section 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Section 409 read with Section 120B of the Indian Penal Code (IPC).
Justice Lakshman, after reserving orders on December 31, 2024, pronounced the judgment with the single word: "Dismissed."
Senior counsel Siddharth Dave, representing KTR, argued that the allegations lacked the essential elements required for charges under Section 405 IPC, which defines criminal breach of trust. Dave contended that no evidence was presented to show misappropriation or conversion of entrusted property.
Challenging the application of Section 13(1)(a) of the Prevention of Corruption Act, Dave highlighted that the FIR failed to mention any specific acts of corruption or misuse of office. He explained that payments made for organising the Formula E race were in accordance with an agreement between the State Government and a private company. Dave further noted that the complainant, an IAS officer, was part of the State Government and not an independent or external party.
Senior Counsel C.V. Mohan Reddy, appearing for M. Dana Kishore, Principal Secretary, Municipal Administration and Urban Development, opposed the plea, alleging that KTR approved payments of Rs 55 crores to a private company in October 2023, prior to signing agreements with the Formula E race organisers. He asserted that the funds were released without the required State Government approval, violating established business rules.
Reddy argued that these actions constituted a prima facie case of criminal breach of trust under Section 405 IPC and also fell under Section 13(1)(a) of the Prevention of Corruption Act.
Advocate General A. Sudarshan Reddy, representing the State Government, supported these claims, emphasising procedural violations. He revealed that payments were made in foreign currency to a third party even after the Formula E organisers withdrew from conducting the race. He also noted that the Governor's consent had been obtained for the investigation, as additional accused may emerge as the case unfolds.
Justice Lakshman upheld the arguments presented by the opposing counsels, concluding that a prima facie case existed and that the FIR should not be quashed at this stage. The petition was subsequently dismissed, paving the way for the ongoing investigation by the ACB to proceed.
