C S KRISHNAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against an order passed by learned Single Judge of the High Court of Karnataka at Bangalore in criminal Appeal no, 60s of 1998 whereby learned Single Judge by his order dated june 10, 2004 has allowed the appeal of State and set aside the order of the XXI Additional Sessions Judge and Speeial Judge for CBI at Bangalore City, whereby he acquitted the appellant accused under Section 5 (2) read with Section 5 (1) (e) of the Prevention of Corruption Act, 1947 on the ground of sanction being invalid in cc No. 131/1990 dated 20th March, 1998.

(3.) Brief facts necessary for disposal of this appeal are that the accused Sri C. S. Krishnamurthy, Technical Supervisor, Bangalore Telephones, Bangalore was charge-sheeted for the offence under Section 5 (2) read with Section 5 (1) (e) of the Prevention of Corruption Act 1947 (hereinafter referred to as the 'act') alleging that during the period from May 25, 1964 to June 27, 1986 he acquired assets disproportionate to his known source of income. On 27th June, 1986 he was in possession of movables and immovable assets worth Rs. 4,01,454.58 disproportionate to his known source of income and did not give any satisfactory account. The CBI, Bangalore City, after completion of the investigation filed charge sheet against the accused. The charges were Framed against the accused and prosecution examined 56 witnesses and marked exhibits P-1 to P-124. The statement of the accused was recorded under Section 313 Cr. P. C. The accused filed the written explanation. However, he did not choose to lead any defence evidence. The learned Special Judge after hearing the parties framed following questions which read as under: