Karnataka High Court orders release of Union Minister Prahlad Joshi’s brother and nephew, arrested in cheating case

The Karnataka High Court has ordered the release of Union Minister Prahlad Joshi’s brother and nephew, who were arrested in a fraud case for allegedly promising an election ticket to certain persons in exchange for Rs 2.5 crores.

A single judge bench of Justice M. Nagaprasanna has suspended all further proceedings against them. As the petitioners were in police custody till tomorrow, the court said “The petitioners are said to have been taken into custody by the police, and the custody will continue till tomorrow, in view of the aforesaid interim order, and they will be immediately released in a manner known to law.”

Joshi, along with his son and two others, have been arrested by the police on the basis of a complaint filed by Sunitha Chavan, wife of former JD(S) MLA Devanand Chavan. It is alleged that the accused cheated her of Rs 2.5 crore by promising a BJP ticket to her husband for the Bijapur Lok Sabha constituency.

The court in its interim order noted that the petitioners had allegedly assured complainant Sunitha Chavan, wife of former JD(S) MLA Devanand Chavan, that they would secure a ticket for the subsequent Assembly elections and received Rs 25 lakh. An alleged transaction took place prior to the elections and the announcement of candidates.

Complainants had alleged that the accused had used the office of Union ministers to promise them an election ticket in exchange for the sum of money.

“He has acted as if the Union minister has given him permission and then he will secure the seat.” it was claimed.

The court noted “The complaint is registered six months after the incident. The petitioner’s counsel undertakes to reimburse the entire amount. So it is a monetary claim between the petitioner and the respondent.”

It added, “This is now reflected in the color of atrocities. The complaint states that the hurling of abuse took place in the house of the petitioners, which is admittedly within the four walls of the house. It is not in a public place nor is it visible in public, making it an offense under section 3(1)(r). (s) of the Scheduled Castes and the Scheduled Tribes (prevention of atrocities) act.”

The petitioners had previously done so approached the Supreme Court seeking quashing of the case registered against them under various departments of BNS.

They were charged with offenses under sections 126(2), (unlawful restraint) 115(2) and 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) (general intention) of the Bharatiya Nyaya Sanhita, 2023 and sections 3(1)(r), (s) (insulting and taking advantage of public opinion) and 3(2)(va) (specified offenses in the schedule) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act.