The Karnataka Lokayukta has filed a plea in the Supreme Court against the High Court's order quickly granting interim anticipatory bail to Madal Virupakshappa, BJP MLA from Channagiri constituency in a corruption case, related to alleged recovery of Rs eight crore in cash.
It contended the HC on March 7 provided relief to the accused who was absconding and could influence the witnesses and tamper with the evidence. The HC also did not afford an opportunity to the Lokayukta to contest the plea. It also failed to consider the SC's judgement in P Chidambaram case (2019) on striking a balance between personal freedom and the right of the investigating agency to interrogate the accused, the plea said.
It also pointed out though the accused had joined the investigation, he had not cooperated as his replies to the queries remained evasive.
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Appearing for the Lokayukta, senior advocate Basava Prabhu Patil mentioned the matter before a bench led by CJI D Y Chandrachud for urgent hearing.
He said that the Karnataka High Court's hasty order on grant of anticipatory bail to the accused MLA had sent a wrong signal.
The CJI initially posted it for hearing on Friday.
However, on a request by Patil, the court allowed him to mention before a bench headed by Justice Sanjay Kishan Kaul as the CJI was to preside over a five-judge Constitution bench.
On this, the counsel again mentioned the matter before the bench led by Justice Kaul who
asked him what was the urgency in listing the case.
The counsel replied that the accused is a sitting MLA and a large amount of money was seized from his possession and requested the court to hear the matter at 2 pm on Tuesday.
The bench, however, said this is related to cancellation of bail, the high court has already applied its mind and the matter will be listed in due course.
"List as early as feasible, subject to curing of defects," the court said in its order.
The MLA and his son, who worked as Chief Accounts Officer of the public sector Karnataka Soaps and Detergents Ltd, caused huge embarrassment to the ruling party after recovery of Rs eight crore in cash in the raid by the Lokayukta police.
The MLA's son, Prashanth Madal was arrested for allegedly taking a bribe of Rs 40 lakh.
Granting anticipatory bail to the MLA, the Karnataka HC's Justice K Natarajan had directed him to appear before the Lokayukta police within 48 hours.
It had also prohibited him from enter the Karnataka Soaps and Detergents Limited (KSDL) premises. The court fixed the matter for further consideration on March 17.
Virupakshappa has resigned as the chairman of the KSDL with the lodging of an FIR by the Lokayukta police against him and his son Prashanth.
Prashanth was accused of taking bribe in connection with the award of a tender for supply of perfumery items to KSDL.
On March 7, the Advocates Association, Bengaluru had also written a letter to Chief Justice of India D Y Chandrachud expressing shock and dismay over hearing within a day by the High Court on the anticipatory bail plea in the case.