C.S. PUTTARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has been arrayed as Accused No.5 pursuant to the complaint filed by respondent No.3 registered in Crime No.370/2013 by Mandya West Police Station on 1/11/2013 and as per the first F.I.R. No.RC.21(A)/2014 registered on 23/12/2014 by C.B.I., ACB, Bengaluru. The charge sheet dtd. 31/12/2015 having been filed before the Special Judge for CBI Cases, the trial Court has taken cognizance of the offences punishable under Ss. 120-B, 409, 420 of IPC and Sec. 13(2) read with Sec. 13(1) (c) and (d) of the Prevention of Corruption Act, 1988 ('P.C. Act' for short).

(2.) The petitioner has sought for quashing of the complaint dtd. 31/10/2013 lodged by the respondent No.3 (Annexure-A) and has also assailed the F.I.R. dtd. 1/11/2013 in Crime No.370/2013 for the offences punishable under Ss. 406, 409 and 420 read with Sec. 34 of IPC before the Mandya West Police (Annexure-B). The petitioner has also challenged the F.I.R. dtd. 23/12/2014 in Crime No.RC.21(A)/2014 for the offence punishable under Sec. 120-B read with Ss. 406, 409 and 420 of I.P.C. and Sec. 13(2) read with Sec. 13(1)(c) and (d) of P.C. Act registered by the CBI, ACB, Bengaluru and the Charge Sheet bearing No.30/CBI/ACB/BLR/2015 dtd. 31/12/2015 filed by CBI, ACB, Bengaluru, the respondent No.2 herein (Annexure-D) and the order dtd. 29/3/2021 passed in Spl.CC.No.577/2021 by the Court of XLVI Additional City Civil and Sessions Judge and Spl. Judge for CBI Cases at Bengaluru, taking cognizance of offences punishable under Ss. 120-B, 409 and 420 of IPC and Sec. 13(1)(c) and (d) read with Sec. 13(2) of P.C. Act and has also assailed the entire proceedings in Spl.C.C.No.577/2021 pending on the file of XLVI Additional City Civil and Sessions Judge and Spl. Judge for CBI Cases at Bengaluru, (Annexure-E) insofar as the petitioner is concerned.

(3.) The facts as made out constituting the offence are that the Mysore Urban Development Authority ('MUDA' for short) is stated to have allotted a site in favour of wife of the petitioner on 13/3/2008, which was followed by execution of lease-cum-sale deed on 17/6/2008. It is further made out that the Possession Certificate came to be issued on 2/7/2008 followed by issuance of Khatha.