MOHANKUMAR M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(2.) This criminal revision petition is filed challenging the order dtd. 6/12/2023 passed in Spl.C.C.No.656/2021 rejecting the discharge application filed by the petitioner.

(3.) The factual matrix of the case of the prosecution against this petitioner who has been arraigned as accused No.4 is that he is the friend of accused No.1 and he committed the offence of abetment in helping accused No.1 to legalize the illegal amount by making payment of Rs.25.00 lakhs to pursue M.D. (Pediatric) of the daughter of accused No.1 Dr. C.Anisha Roy. It is contended that his father is also a doctor and details are mentioned at page No.73 Volume 24 of the charge sheet. The petitioner has filed an application contending that he had made the payment of Rs.25.00 lakhs in favour of daughter of accused No.1. The specific allegation against the petitioner is that he has deposited cash amount of Rs.17,50,000.00 to his individual account and the account was standing in the name of himself and his wife Smt. Lalitha, UCO Bank, Banashankari Branch. He made the pre-closure of his fixed deposit for Rs.10,07,192.00 and credited the same into his personal account and he made cash deposit of Rs.9,95,000.00 to his personal account on 24/2/2012. On 25/2/2012 he got transferred an amount of Rs.8,50,000.00 from the SB account of his wife out of her accumulated savings to the personal account of himself and closing balance in his account was Rs.30,56,185.00. The petitioner did not dispute the payment of Rs.25,00,000.00 in favour of daughter of accused No.1, but his contention is that the amount paid by him is his personal amount and he can spend, lend it to any person and dispose of it as he desires and it would not attract the offence under Sec. 109 of IPC nor it amounts to an abetment under the Prevention of Corruption Act.