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 cheating case for allegedly promising an election ticket to certain people in exchange for Rs 2.5 million.

A single court of Justice M Nagaprasanna suspended all further proceedings initiated against them. Since the petitioners were in police custody till tomorrow, the court said “The petitioners are said to be in police custody, and the custody is till tomorrow, in light of the aforesaid interim order, they will be immediately released in the manner known to law.”

Joshi, along with his son and two others were arrested by the police, following a complaint lodged by Sunitha Chavan, wife of former JD(S) MLA Devanand Chavan. The accused is alleged to have cheated her of Rs 2.5 million by promising her husband a BJP ticket for the Bijapur Lok Sabha constituency.

The court in its interim order noted that the petitioners are said to have assured the petitioner Sunitha Chavan, wife of former JD(S) MLA Devanand Chavan, that they would get a ticket in the next parliamentary elections and that they had collected Rs 25 lakh. An alleged transaction occurred before the elections and was stated in the candidates’ announcement.

The complainants alleged that the accused had used the Union Minister’s office to promise them election candidacy in exchange for a sum of money.

“He has acted as if the Union Minister has given his consent and then he will secure the seat.” it was alleged.

The court observed “The complaint is registered six months after the incident. The petitioner’s lawyer undertakes to return the entire amount. Therefore, this is a monetary claim between the petitioner and the respondent.”

He added, “This is now presented in the color of an atrocity law. The complaint narrates that the abuse occurred in the petitioners’ house, which is certainly located within the four walls of the house, is not in a public place nor is it in public view for it to become a crime under Section 3 (1) (r). (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.”

Previously, the petitioners had approached the High Court seeking annulment of the case registered against them under various articles of the BNS.

They had been charged with offenses under articles 126(2), (undue coercion), 115(2) and 118(1) (voluntarily causing harm or serious harm with dangerous weapons or means) 118(1), 316( 2), (criminal breach of trust) 318(4), (cheating) 61, (criminal conspiracy) 3(5) (common intention) of Bharatiya Nyaya Sanhita, 2023 and sections 3(1)(r), (s) (insulting and abusing public view) and 3(2)(va) (offences specified in the schedule) of the Caste and Tribe (Prevention of Atrocities) Act.