STATE Vs. R SURI BABU

JUDGEMENT

(1.) These appeals have been preferred by the Central Bureau of Investigation challenging the order of a Single Judge of the Karnataka High Court by which two out of six accused were discharged from trial proceedings. The third accused as Mr. Bangrappa a former Chief Minister of the State of Karnataka and sixth accused Mr. Suri Babu was his Private Secretary while he was holding office as Chief Minister. Those two accused were discharged by the impugned order.

(2.) They and four others were chargesheeted by the Central Bureau of Investigation for the offences under Sec. 13(2) read with Sec. 13(1)(d) and Ss. 7, 12 of the Prevention of Corruption Act, 1988 read with S. 120-B of the Indian Penal Code. The first accused is shown as Principal of one P. C. Dental and Nursing College, Bangalore, second accused was shown as the Minister for Health in the Ministry headed by the third accused Bangarappa and the fourth accused was the Chairman of the said P. C. Dental and Nursing College, (apart from being a sitting M. L. A.) and accused No. 5 was Chairman of the Local Enquiry Committee appointed by the Bangalore University.

(3.) The trial Court heard the accused in the matter of framing charge and passed a detailed order on 8-1-99 holding that the evidence produced by the prosecution is sufficient to frame charge against the accused persons. The said order of the Special Judge was challenged by the respondents in these appeals before the High Court in Criminal Revision Petition Nos. 112/99 and 174/99. Both were heard together and by a common order (which is under challenge in these appeals) learned single Judge discharged those accused, but at the same time directed the case to be proceeded as against the remaining accused.