Karnataka High Court directs immediate release of Pralhad Joshi's brother, nephew

Bengaluru: The Karnataka High Court on Monday directed for immediate release of Gopal Joshi and Ajay Joshi, Union Minister Pralhad Joshi’s brother and nephew respectively. They were in police custody since October 19.

The duo was arrested on October 19 in an alleged case of cheating, promising an election ticket to complainant Sunitha Chavan, wife of former JD(S) MLA Devanand Chavan, from Vijayapura Lok Sabha constituency in exchange for Rs 2.5 crore.

It was alleged that the accused had used the office of the Union minister to promise an election ticket, as if there was consent form Pralhad Joshi, in exchange for the money.

They were booked for offences under sections 126(2) (wrongful restraint) 115(2), 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) under the Bharatiya Nyaya Sanhita 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 Scheduled Tribe (Prevention of Atrocities) Act.

Justice M Nagaprasanna stayed all further proceedings initiated against the petitioner accused persons and ordered for their immediate release. The court noted the allegation was that the petitioners had taken Rs 25 lakh from the complainant and the said transaction happened prior to the election as well as the announcement of the candidates. The court noticed that the complaint was registered six months after the incident and also that the counsel for petitioner undertook to refund the entire amount. Therefore, it is a money claim dispute between the petitioners and the complainant, the court observed.

Insofar as the offences under the Atrocities Act, the court said since the complaint narrated 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 Atrocities act.