Express News Service
BENGALURU: A city Special Court refused to discharge former chairman of Davanagere-Harihara Urban Development Authority (DHUDA) and his children from a case registered by the Lokayukta police for allegedly getting sites allotted in their names by filing false affidavits.
The accused are G Mallikarjunappa, former DHUDA chairman and BJP leader, and his children Nandish and Shilpa. The children allegedly used their father’s influence and got sites allotted at J H Patel Layout in Davanagere, when in fact Mallikarjunappa allegedly owned 13 properties, including three sites, in Davanagere Mahanagara Palike limits.
The discharge applications of other accused in the case, Dr B K Jayadevappa, a retired District Medical Officer, K Prakash, an LIC Development Officer, Ramachandra Hebbar, owner of a firm, Sunil Kumar, an Assistant Teacher at JJM Medical College, and Dr Ramesh R, an orthopaedic professor, were also dismissed by the court.
Justice Ramachandra D Huddar, judge of the Special Court constituted to try criminal cases against elected representatives, dismissed the applications filed by the accused and directed authorities to frame charges against them.
“I have gone through the record to find out as to whether any prima facie case is made out against accused persons on the basis of the documents filed by the investigating officer along with the charge sheet. All that I can say is that there is no prima facie case made out for discharge of the accused persons at this stage of trial. Therefore, accused have to stand for trial on merits in the light of the documents and contents of the charge sheet,” the judge noted.
Mallikarjunappa and his wife Rathna owned 13 properties including three sites in Davanagere Mahanagara Palike limits. But their son and daughter filed false affidavits saying they don’t own any sites and got plots allotted.
One Manikanta Sarkar filed a private complaint on September 22, 2010 before a trial court in Davanagere, which referred the case to Lokayukta police. The Lokayukta police charge-sheeted the accused for the offences punishable under Section 198 of IPC and Section 8 of Prevention of Corruption Act, 1988.
In their discharge applications, the accused contend that they did not file false affidavits.
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