Karnataka High Court Grants Interim Anticipatory Bail to BJP Leader Madal Virupakshappa In Bribery Case

Justice K Natarajan granted the interim protection to Virupakshappa on the condition of furnishing a personal bond of Rs 5 lakh.

The court directed Virupakshappa to not the enter the office of Karnataka Soaps & Detergents Ltd (KSDL) till further orders. Virupakshappa was the Chairman of KSDL but resigned after his son V Prashanth Madal was allegedly caught red-handed by the Lokayukta while accepting a bribe in relation to a contract.

The bench directed Virupakshappa to co-operate with the investigation and surrender before the police within 48 hours of receipt of the order.

The court also directed the prosecution to file its statement of objections to the plea and posted the matter for further hearing to March 17.

The legislator had approached the court on Monday in a plea filed through advocates Sandeep Patil and Swamini G.Mohanambal. 

"The FIR has been registered for offences under section 7(a) & (b), 7(A) 8, 9 & 10 of Prevention of Corruption Act, 1988, against the petitioner. None of the ingredients so as to make out the said offences are present in the complaint and as such the entire exercise of filing the complaint and registration of FIR are wholly illegal and malafide, done with the intention of harassing the petitioner," Virupakshappa said in the petition.

According to the case details, a complaint was lodged before the Lokayuktha Police alleging that Virupakshappa demanded illegal gratification to process a certain tender in Karnataka Soaps & Detergents Ltd (KSDL).

Pursuant to the complaint, the Lokayuktha Police registered an FIR for offences under section 7(a) of PC(Amended) Act, 2018 against the petitioner and others. Later, Virupakshappa's son V Prashanth Madal and other accused were allegedly caught red-handed accepting a graft of Rs 40 lakh. It has also been alleged that over Rs 8 crore was recovered by Lokayukta from the MLA's son last week.

“In the instant case, nowhere in the complaint and FIR, there is any specific allegation against the petitioner to have taken the alleged illegal gratification. Mere recovery of money from Accused No.2 [Virupakshappa' son] bereft of any material showing illegal or corrupt means or abuse of official function, would not be sufficient cause to register and maintain proceedings under the alleged offences of PC Act, 1988. Hence Petitioner is liable to be released on anticipatory bail,” Virupakshappa said in the plea.

Virupakshappa has also told the court that he is a person of good repute and a law abiding citizen of the country. He is presently a Member of Legislative Assembly and has deep roots in the society therefore there can be no apprehension of his fleeing from justice, it has been contended.

Case Title: K. Madal Virupakshappa And State of Karnataka

Case No: Criminal Petition No 1976/2023