News Karnataka
Saturday, March 25 2023

Prosecution of Bhaskar Rao: HC refuses to interfere

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Bengaluru: The High Court of Karnataka on Tuesday declined to interfere with the charge sheet filed against former Lokayukta Y Bhaskar Rao in a case related to the alleged extortion and corruption in the Lokayukta institution. The court also rejected his contention that he had immunity from being prosecuted.

While delivering the judgment, Justice Anand Byrareddy held that it is not possible to accept that the Lokayukta is protected under the Judges (Protection) Act, 1985 from being prosecuted as the Lokayukta does not render any judgments and has no occasion to decide any lis. Also, the protection under Section 3 of the Judges (Protection) Act is available only for any act committed while acting in the discharge of official or judicial duty or function, the court said.

The court also said there was no need of prior sanction under Section 19 of the Prevention of Corruption Act as Rao had resigned from his post when the charge sheet was filed against him on August 3, 2016.

Regarding the sanction required to prosecute a public servant under Section 197 of the Code of Criminal Procedure, the court said that though the special investigation team (SIT) had secured sanction from the Governor, no sanction was required to prosecute Rao.

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