Karnataka High Court Orders Release Of Union Minister Prahlad Joshi's Brother, Nephew Arrested In Cheating Case

The Karnataka High Court has directed the release of Union Minister Prahlad Joshi's brother and nephew, who were arrested in a cheating case for allegedly promising an election ticket to certain persons in exchange for Rs 2.5 crores.

A single judge bench of Justice M Nagaprasanna stayed all further proceedings initiated against them. Since the petitioners were in police custody till tomorrow, the court said “The petitioners are said to be in police custody, and custody is till tomorrow, in the light of the aforesaid interim order be released forthwith in a manner known to law.” 

Joshi along with his son and two others have been arrested by the police, on a complaint filed by Sunitha Chavan, wife of former JD(S) MLA Devanand Chavan. It is alleged that the accused cheated her of Rs 2.5 crore by promising a BJP ticket to her husband for the Bijapur Lok Sabha constituency.

The court in its interim order noted that the petitioners are said to have assured complainant Sunitha Chavan, wife of former JD(S) MLA Devanand Chavan, that they would secure a ticket in the then ensuing parliamentary election and had taken Rs 25 lakh. An alleged transaction has happened prior to the election and said the announcement of candidates.

Complainants had alleged that the accused had used the office of the Union Minister to promise an election ticket to them, in exchange for the sum of money.

"He has acted as if the Union Minister has given him consent and then he will secure the seat," it was alleged.

The court observed “Complaint is registered six months after the incident. Ld counsel for petitioner undertakes to refund the entire amount. Therefore, it is a money claim between petitioner and respondent.”

It added, “This is now rendered with the colour of atrocities act. Complaint narrates that hurling of abuse happened in the house of the petitioners which is admittedly within the four walls of the house, it is neither in public place nor is in public view for it to become an offence under Section 3 (1) ( r ) (s) of the scheduled castes and the scheduled tribes (prevention of atrocities) act."

Earlier, the petitioners had approached the High Court seeking quashing of the case registered against them under various sections of the BNS.

They had been charged for offences under sections 126(2), (wrongful restraint) 115(2) and 118(1) (voluntarily causing hurt or grievous hurt by dangerous weapons or means) 118(1), 316(2), (criminal breach of trust) 318(4), (cheating) 61, (criminal conspiracy) 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023 and sections 3(1)(r), (s) (insult and abuses public view) and 3(2)(v-a) (specified offences in the schedule) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act.