D K SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is accused No.2 in P.C.R. No. 10/2012 and 11/2012.

(2.) THE learned Special Judge In exercise of power under Section 156(3) of Cr.P.C had referred the matter to the jurisdictional Lokayuktha Police for investigation. The Lokayuktha Police registered the crime in FIR No.26/2012 for the offences P/U/S 13(1)(c) 13(1)(e) R/W 13(2) of Prevention of Corruption Act, 1988, further, under Section 3 of the Karnataka (Restriction of Transfer of Land) Act 1991 and also under Section 417, 419, 465 and 468 of IPC.

(3.) ON the other hand, learned senior counsel Sri. Ashok Harnahalli submitted that if the special court takes cognizance of the offence alleged in the charge sheet, here is likelihood of the petitioner being arrested. The interest of this petitioner be protected. Since the special court is hearing the matter on taking cognizance of the offence, as such it may not be proper to consider the matter on merit based on the material produced by the parties. At the same time, in the meanwhile, the interest of the petitioner may have to be protected and there is likelihood of his arrest.