H. D. KUMARSWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Respondent No.2 - Sri.M.S.Mahadeva Swamy filed a private complaint (PCR.No.9/2012) before the XXIII Addl. City Civil and Special Judge for Prevention of Corruption Act , at Bangalore City seeking prosecution of the petitioner and 18 others for the alleged offences punishable under sections 120-B r/w. 406, 420, 463, 465, 468, 471 of IPC , sections 13(1)(c) , 13(1)(d) , 13(1)(e) read with 13(2) of Prevention of Corruption Act and under sections 3 and 4 of the Karnataka Land (Restriction of Transfer) Act read with 34 of IPC .

(2.) The allegations made in the complaint pertained to de-notification of Sy.Nos.128 and 137 of Halagevaderahalli village, Uttarahalli hobli, Bangalore South. At the first instance, learned Special Judge referred the complaint for investigation under section 156(3) of Cr.P.C. This order was challenged by the petitioner before this Court in Crl.P.No.4024/2017 and a prayer was made therein to quash the entire proceedings in PCR.No.9/2012 on the ground that the order of reference made by the learned Special Judge was not a speaking order and that the learned Special Judge could not have ordered investigation into the alleged offence without prior sanction of the competent authority as the petitioner was sought to be prosecuted in his capacity as the public servant at the relevant time. This Court by its order dated 20.07.2015 dismissed the petition and directed the proceedings in PCR.No.9/2012 and Crime No.20/2012, Lokayukta Police, Bangalore City to continue.

(3.) After investigation, a 'B' report was submitted by Lokayukta Police on 06.12.2018. Learned Special Judge issued court notice to the complainant. Complainant filed his protest petition on 3.5.2019. After hearing the learned counsel for complainant and learned Special Public Prosecutor, by order dated 20.07.2019, learned LXXXI Addl. City Civil & Sessions Judge, Bengaluru City (CCH-82) (Special Court exclusively to deal with Criminal Cases related to Elected MPs/MLAs in the State of Karnataka) rejected the 'B-Report' filed by the Lokayukta Police and took cognizance of the offences under sections 120-B , 406 , 420 , 463 , 465 , 468 , 471 of IPC, sections 13(1)(c) , 13(1)(d) , 13(1)(e) read with 13(2) of Prevention of Corruption Act and under sections 3 and 4 of the Karnataka Land (Restriction of Transfer) Act, 1991 and posted the matter for recording the sworn statement of the complainant. Thereafter, the Special Court recorded the statement of the complainant and in the course of the sworn statement got marked the documents at Ex.P1 to P25. Considering the said statement and the material produced in support thereof, by order dated 04.09.2019, the Special Court directed registration of the criminal case against accused Nos.1 to 19 for the above offences and issued process to all the accused persons.