STATE Vs. S BANGARAPPA

JUDGEMENT

(1.) LEAVE granted.

(2.) A case has been charge-sheeted by the Cenral Bureau of Investigation (CBI) against S. Bangarappa, one time Chief Minister of Karnataka State alleging that he had amassed wealth grossly disproportionate to his known sources of income during a check period when he held public offices either as Minister or Chief Minister. The offence under Section 13(2) of the Prevention of Corruption Act, 1988, (for short 'the Act) was pitted against him, read with Section 13(1)(e) thereof on the ground that he was in possession of pecuniary resources and assets so disproportionate that he could not satisfactorily account for them. When respondent (S. Bangarappa) moved the High Court of Karnataka for quashing the said criminal proceedings, a single Judge of the High Court, as per the order impugned in this case, quashed the same. This appeal, by special leave, is at the instance of the CBI in challenge of the said order.

(3.) RESPONDENT then moved the High Court under Section 482 of the Code of Criminal Procedure (for short the Code) challenging the aforesaid order. Three contentions were mainly raised by him before the High Court. First was that the investigation was not conducted in the manner specified under Section 17 of the Act. Second was that the Court which ordered to frame the charge had no jurisdiction to try the case because no notification had been issued under Section 4 of the Act. Third was that on the merits it is not safe to rely on the statements alleged to have been made by some of the witnesses.