Karnataka HC Temporarily Stays Proceedings Against MP Dr K Sudhakar Allegedly Connected To Seizure Of ₹4.8 Crore A Day Before Lok Sabha Polls

The Karnataka High Court on Thursday by an interim order stayed criminal proceedings pending before the Magistrate court against Member of Parliament, Dr K Sudhakar who was charged after the Election Commission had seized Rs 4.8 crore in cash from a co-accused, belonging to his party, a day before the Lok Sabha Elections on April 25.

A single judge bench of Justice M Nagaprasanna passed the order while hearing a petition filed by Sudhakar seeking to quash the complaint dated 25.04.2024 and the chargesheet filed against him under sections 171 E (bribery), 171 F (undue influence of election), 171B,171C of the Indian Penal Code.

The court said, “Interim order of stay of further proceedings before the concerned court and all further proceedings taken thereto, till the additional special public prosecutor would file his statement of objections.”

Senior Advocates B V Acharya and Prabhuling K Navadgi appearing for the petitioner argued that though an amount of Rs 4.8 crore was recovered at the hands of Accused no 2, it has nothing to do with the petitioner. The ingredients of Section 171 (E) (F) as the ingredients of bribery are not met with in the case at hand, it was said.

It was further argued that there was no voter to whom the money was given to indicate a bribe had been paid in lieu of inducement to vote.

Further, it was said that the magistrate did not have the jurisdiction to pass an order taking cognizance of the present offence.

The court said, “The order of cognizance itself indicates that the magistrate, who has taken cognizance and the matter had to be placed before the Special Court (for MP/MLAs) if cognizance had to be taken after filing of the final report as the court of session is the designated court to deal with the cases arising against peoples representatives."

The flying squad of the Election Commission had seized a sum of Rs 4.8 crore in cash from a residence in Chikkaballapura constituency. Following this, a complaint was filed against Sudhakar for allegedly violating the Model Code of Conduct (MCC). The court has also directed the prosecution to file its statement of objections.

Case Title: Dr K Sudhakar AND State of Karnataka

Case No: WP 18116/2024