Y SAMPANGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed seeking to transfer the case in Spl. CC No. 146/2009 pending on the file of XXIII Addl. City Civil Sessions Judge & Special Judge, Bangalore.

(2.) It is the case of the petitioner that petitioner is the sitting MLA of KGF Assembly Constituency and a case under Sec. 7, 8, 13(1)(d) R/w Sec. 13(2) of Prevention of Corruption Act has been registered against him which case is now pending before the aforesaid court. It is the contention of the petitioner that he appeared before the court on 28.10.2011 and he was taken to custody without any notice and thereafter he was released from the custody on 31.10.2011. It is stated in the complaint that the Presiding Officer is biased against him because brother of the Presiding Officer is a stamp vendor in Bangarpet Sub-Registrar's Office premises and that he belongs to Congress Party whereas petitioner is an MLA of BJP party. It is his contention that Presiding Officer's brother Sri. Badrinath had declared that he would see that petitioner would sit in jail and therefore he has no faith in the said Presiding Officer. It is further submitted by him that the Presiding Officer was a practicing lawyer at KGF before his appointment as a Sessions Judge and that he has got innumerable friends in the said area which also falls within the constituency of the petitioner as an MLA. It is also stated by the petitioner in his petition that Presiding Officer carries an adverse impression against all politicians and is pursuing the said case in utmost vigor. It is the case of the petitioner that injustice would be done in his case if the case is continued in the said court and hence prays for transfer of the said case to any other court.

(3.) Heard Sri. Ashok Harnahalli, learned senior counsel for the petitioner and Sri. Belliappa, learned counsel appearing for the Lokayukta.