Karnataka High Court quashes bribery case against BJP's Madal Virupakshappa, says allegations only against his son

The Karnataka High Court on Wednesday quashed a bribery case against K Madal Virupakshappa, a former member of the State legislative assembly (MLA), registered earlier this year in relation to a tender of the Karnataka Soaps and Detergents Limited (KSDL) [K Madal Virupakshappa v. State of Karnataka & Anr]..Virupakshappa was the Chairman of the KSDL when a complaint was filed with the Lokayukta Police in March alleging that his son Prashanth Madal had demanded a bribe to get a tender allotted to the complainant’s company and for the hassle-free sanction of bills towards the supply of chemical oils..On December 20, Justice M Nagaprasanna found that there was no whisper in the entire complaint of Virupakshappa having demanded money or accepted a bribe at any point out time. The judge added that Virupakshappa cannot be permitted to be prosecuted just because his son is an accused.The entire allegation was against Prashanth Madal who, as per the narration in the complaint, was “prima facie” guilty of demanding and accepting a bribe, the Court opined.The Court observed that it is the son who has to answer the allegations in a full blown trial as all the “pointers of demand and acceptance” of bribery are on the son..However, as far as allegation against Virupakshappa was concerned, the single-judge said that there was no evidence to allow criminal proceedings to continue against him,“The name of the petitioner nowhere figures. There is no allegation of ingredients of Section 7(a) and (b) of the Act against the petitioner. If there is not even a whisper of any demand or acceptance of bribe by the petitioner, it is understandable as to how the proceedings can be permitted to be continued against him,” the Court said..The Court also considered the Lokayukta’s subsequent action of conducting a search at the office and residence of Prashanth Madal, during which ₹6.10 crores were recovered. Referring to this, the Court observed that no incriminating material was found against Virupakshappa. “The subsequent actions taken by the Lokayukta would also absolve the petitioner,” the Court said..It further took into account the statement of objections filed by the Lokayukta and found that the allegations were only against the son of the former Bharatiya Janata Party (BJP) MLA.“The son of the petitioner is no doubt prima facie guilty of demand, acceptance and is answerable to the cash that was found in his house or his office," the Court added.The Court concluded that there was ambiguity and vagueness in the complaint against the former MLA. It also found that Virupakshappa as the Chairman of the KSDL had nowhere participated in the tender process. “Therefore, on all these counts, permitting further proceedings against the petitioner would become an abuse of the process of law and result in miscarriage of justice,” the Court said. .Concluding that there was no evidence against Virupakshappa for any offence, the Court quashed the proceedings pending against him before the trial court.However, it clarified that the observations made in the judgment only concerned Virupakshappa and would not bind or influence the investigation or pending trial against other accused..Senior Advocate Prabhuling K Navadgi with advocate Sandeep S Patil represented Virupakshappa.Senior Counsel Ashok Haranahalli with advocate BB Patil represented the Karnataka Lokayukta Police..[Read Judgment]