Bengaluru: In a setback for a retired executive engineer, Karnataka high court has dismissed his revision petitions challenging a trial court’s refusal to discharge him from three corruption cases relating to the alleged multi-crore bogus bill scam of 2011, registered by Bengaluru Metropolitan Task Force (BMTF).BG Prakash Kumar, 72, is facing the cases pertaining to the processing of alleged bogus bills during his tenure in erstwhile BBMP’s Malleswaram division. He is accused no. 1 in the cases. He retired from service in 2017.In an order passed on Feb 24 this year, the trial court declined to discharge him from the offences registered under the Prevention of Corruption (PC) Act, though it discharged him from offences under IPC.Prakash Kumar had contended before the high court that the amendment to Section 19(1) of the PC Act, which mandates prior sanction from the competent authority for prosecuting certain public servants, was applicable to his cases. Since no such sanction had been obtained, he argued that he was entitled to be discharged.The trial court, however, had discharged him from the IPC offences on the ground that there was no prior sanction. It, however, declined to grant him relief from the offences under the PC Act.Prakash Kumar then approached High Court challenging the trial court’s order.Justice HP Sandesh held that the benefit of the amendment to Section 19(1) of the PC Act was available only in cases where cognisance had not been taken before the amendment came into force in July 2018.“It is also important to note that the amendment brought to Section 19(1) has only prospective effect and not retrospective effect… In all these cases, cognisance was taken prior to the amendment,” the judge observed, upholding the trial court ruling.
