M.R.SEETHARAM Vs. STATE

JUDGEMENT

(1.) The petitioner/accused No.3 has knocked at the doors of this Court calling in question order dtd. 27/4/2021 passed by the XXIII Additional City Civil Sessions Judge and Special Judge for Prevention of Corruption Act ,Bengaluru City in Special C.C.No.656 of 2021 taking cognizance of offences punishable under Ss. 13(1)(d) and 13(1)(e) r/w. 13(2) of the Prevention of Corruption Act, 1988 ('the Act' for short) and Sec. 109 of the IPC.

(2.) Facts adumbrated, are as follows:- The petitioner claims to be a prominent member of the Ramaiah Education Society, Vice-President of the Gokula Education Foundation, Director of M.S.Ramaiah Institute of Technology and several M.S. Ramaiah Institutions. He further claims to be a philanthropist engaged in several charitable activities. The petitioner was also an elected representative from the Malleshwaram Constituency, Bengaluru. Proceedings come to be initiated against one T.N. Chikkarayappa, accused No.1 in the year 2021 for offences punishable under the provisions of the Act. Accused No.1 is said to have amassed wealth and acquired property in his name and the name of the family to the tune of Rs.3,58,30,212.13. The investigation against accused No.1 leads the petitioner - accused No.3, in the subject petition.

(3.) It is the case of the prosecution qua the present petitioner, that on 2/4/2012, M.S.Ramaiah Education Society issued a cheque drawn on Karnataka Bank for a sum of Rs.50,00,000.00 in favour of M.S. Ramaiah Medical College. On 5/12/2016, a crime comes to be registered in Crime No.26 of 2016 alleging offences punishable under Ss. 13(1)(d) , 13(1)(e) r/w. 13(2) of the Act and investigation was taken up against accused No.1. The payment was made by M.S. Ramaiah Education Society to M.S. Ramaiah Medical College in favour of the daughter of accused No.1 in a sum of Rs.50,00,000.00 as afore-quoted. It is then, the Lokayukta issued notice to M.S.Ramaiah Education Society to provide details regarding the payment of Rs.50.00 lakhs, on 13/4/2018. The Society submits a reply on 26/4/2018, to the said notice contending that it was an interest free loan that was granted to the daughter of accused No.1 for her studies as she was not eligible for any scholarship. Another notice comes to be issued by the Lokayukta on 27/4/2018 to furnish complete details as to how the amount was paid as interest free loan to the daughter of accused No.1. The reply of the petitioner then was that the Society had become defunct and therefore, no records could be traced. The Lokayukta then completes the investigation and files a charge sheet in the concerned Court in Special C.C.No.656 of 2021. The learned Special Judge takes cognizance of the offences against accused Nos.1 to 5, which included the petitioner as accused No.3.