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H. P. SANDESH
MOHANKUMAR M. S/O LATE DR. M. G. RAJU – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
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 dated 06.12.2023 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 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 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/- 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/- a
The court upheld the rejection of the discharge application, emphasizing that unexplained cash deposits raised suspicion of abetment under the Prevention of Corruption Act.
The main legal point established in the judgment is the need for sufficient grounds for presuming that the accused has committed an offense and the power of the judge to discharge the accused if ther....
A discharge petition requires sufficient prima facie evidence; an absence in FIR or co-accused acquittals alone cannot substantiate discharge claims.
At discharge stage, prima facie evidence must indicate a case exists; defence matters cannot be thoroughly examined until trial. Abetment can include non-public servants aiding corrupt conduct.
At the discharge stage, a court assesses the prosecution's evidence on its face value to determine if there are grounds to proceed with trial, without full examination of evidence.
The court emphasized that at the charge framing stage, the prosecution's evidence must be accepted as true, and any grave suspicion of involvement in a conspiracy warrants further examination.
A mere recovery of currency notes is insufficient to establish bribery charges under the Prevention of Corruption Act without proven demand; the court evaluates only whether a prima facie case exists....
The necessity of proper evidence evaluation at trial for substantiating income claims in disproportionate assets cases, distinguishing the limited scope of revisional power concerning discharge decis....
The main legal point established in the judgment is that the charge can be framed based on the possibility of the commission of a crime, even if the case is based on circumstantial evidence. The Cour....
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