NATHU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners, learned Special Public Prosecutor for the respondent-ACB and also perused the material on record.

(2.) Brief facts of the case are, complainant - Sri Harishchandra who is the Police Inspector of ACB, Vijayapura, on 23.12.2020 at 11.00 hours registered a case in Crime No.15/2020 against the petitioners herein for the offences punishable under Sections 13(1)(a), 13(2) of the Prevention of Corruption Act, 1988. As per the complaint averments, one Sri Balarama Chithu Pawar had forwarded a complaint on 28.08.2017 to the office of the Karnataka Lokayukta against the petitioners herein alleging that the petitioner no.1 has been misusing his position and has utilized the water meant for public, for the purpose of irrigating his lands and he has also misused the electricity connection which is meant for Gram Panchayat for his own purpose. It is alleged in the complaint that petitioner no.1 and other accused persons have assets worth Rs.100-150 Crores and the complaints against these persons on earlier occasions have been all overlooked and copy of the said complaints were also enclosed. Based on this, FIR was registered in Crime No.15/2020. Apprehending the arrest in the said case, petitioners had approached the Prl. Sessions/Special Judge at Vijayapura under Section 438 Cr.PC in Crl. Misc. No. 65/2021, which was dismissed on 28.01.2021.

(3.) Learned Counsel for the petitioners submits that the complaint averments are totally false. A false complaint has been lodged for extraneous reasons. The petitioner is the Assistant Executive Engineer of Karnataka Niravari Nigam Limited and he is in the verge of retirement. So far as petitioner no.2 is concerned, he is a Zilla Panchayat member. Omnibus allegations are made in the complaint with regard to misuse of power and admittedly, in respect of the earlier complaints, no action was taken because they did not merit consideration, and he, therefore, prays to allow the petition.