Karnataka High Court Dismisses BJP MLA Madal Virupakshappa's Plea For Anticipatory Bail In Bribery Case
The Karnataka High Court on Monday dismissed the anticipatory bail application filed by BJP Leader Madal Virupakshappa in the alleged bribery case. The court had granted him interim anticipatory bail on March 7. 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...
The Karnataka High Court on Monday dismissed the anticipatory bail application filed by BJP Leader Madal Virupakshappa in the alleged bribery case. The court had granted him interim anticipatory bail on March 7.
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.
A single judge bench of Justice K Natarajan had reserved the order on March 17, after hearing both parties. The petitioner’s counsel had contended that there is absolutely no material to attract the provisions of Section 7 (a) (b) or (A) of the Prevention of Corruption Act.
It was also argued that there is a specially constituted tender inviting and accepting committee which decides on the modality and conditions of tenders. The petitioner who was then the Chairman of Karnataka Soaps & Detergents Ltd (KSDL) was not part of it, the court was told.
The court was also told that the MLA is cooperating with the investigation by attending the office of the IO.
“Whatever material that was to be recovered has been already seized and why do they want the petitioner’s police custody? Only to ensure that my reputation is brought down in society?", his counsel alleged.
The prosecution in response contended that “sequence of events are there that shows there is demand and acceptance.” It also said that the petitioner has been appearing before the investigation agency but he has not been cooperating in the investigation, and has been giving evasive replies.
The prosecution had also said that he is a legislator and his influence will not go away. "Custodial interrogation is required to extract additional information,” it said.
The legislator had approached the court seeking anticipatory bail. An FIR has been registered for offences under section 7(a) & (b), 7(A) 8, 9 & 10 of Prevention of Corruption Act, 1988, against him.
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.
The Karnataka Lokayukta had moved the Supreme Court challenging the Karnataka High Court's order granting interim anticipatory bail. The apex court today issued notice in the plea.
Case Title: K. Madal Virupakshappa And State of Karnataka
Case No: Criminal Petition No 1976/2023
Citation 2023 LiveLaw (Kar) 125
Date of Order: 27-03-2023.