JAYA SIMHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted. The Order dated 27.2.2007 passed by the High Court of Karnataka, rejecting Criminal Petition No.196 of 2007 filed by the Appellant under section 439 of Criminal Procedure Code is under challenge in this appeal.

(2.) A FIR relating to counterfeit stamps and stamp-papers was registered as Crime No. 545 of 2000 in the Upparpet Police Station, Bangalore, against Abdul Karim Telgi, in respect of offences punishable under sections 255 to 260, 265, 467, 468, 471 to 475, 420 read with section 120B IPC. On the basis of the investigation report of the Stamp Investigation Team (for short 'STAMPIT'), Crime No. 1100/2002 was registered at Madiwala Police Station, Bangalore, on 16.10.2002 for offences punishable under section 120B, 255 to 258, 260 and 420 IPC read with section 63B of Karnataka Stamp Act 1957 against the said A.K. Telgi and others. In pursuance of the directions issued by this Court on 15.3.2004, CBI took up further investigation in the matter.

(3.) The appellant herein who was working as the Senior Superintendent of Central Prison, Bangalore, and one Nanjappa (working as Asst. Superintendent of Central Prison, Bangalore) were impleaded as accused Nos. 32 and 33 under supplementary charge-sheet filed in Crime No. 1100/2002 alleging that they had committed offences punishable under sections 7, 12, 13(1)(d) read with section 13(2) of Prevention of Corruption Act, 1988 and sections 3, 4 and 25 of Karnataka Control of Organized Crimes Act, 2000 ('KCOC Act' for short). It was alleged that when Abdul Karim Telgi was arrested on 7.11.2001 and lodged in the said prison as an under-trial prisoner, the appellant and the said Nanjappa had conspired with A. K. Telgi and in violation of the prison rules and regulations, permitted and facilitated A. K. Telgi to use mobile phone for his unlawful activities, to run his fake stamp business from the Jail and also to celebrate a party within the jail premises, all for illegal gratification.