L.C.NAGARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for brevity) for quashing the FIR dtd. 23/11/2021 in Crime No.58/2021 registered by the Anti Corruption Bureau (hereinafter referred to as the 'ACB', for short) against the petitioner for the offences punishable under Sec. 13(1)(b) read with Sec. 13(2) of Prevention of Corruption Act, 1988 pending on the file of the learned 23rd Additional City Civil and Sessions Judge, Bengaluru (wrongly mentioned by the petitioner's counsel as 23rd Additional Chief Metropolitan Magistrate, Bengaluru).

(2.) Heard the arguments of the learned senior counsel appearing for the counsel for the petitioner and the learned counsel for the respondent.

(3.) The case of the prosecution is that, on the source information received by the Police Inspector of ACB alleging that the petitioner has acquired properties disproportionate to his known source of income and after preparing the report, submitted to the Superintendent of Police, ACB and registered a case against the petitioner. It is alleged that the petitioner is appointed as Senior Scale KAS Officer and is presently working as an Administrative Officer, Sakala Mission, Bengaluru. He was previously appointed as Food Inspector by the State Government and he was appointed as Assistant Controller of Department of Weights and Measures and while he was working as a Assistant controller in April 2006, he got appointed as Tahsildar and after probationary period, he was posted as Tahsildar of Gubbi taluk, Tumukuru district and in the year 2013 he was promoted to the post of Assistant Commissioner. In the year 2017 he was posted as Land Acquisition Officer of Upper Krishna Project. He has also served as the Deputy Director of Department of Mines and Geology. In the year 2017-18 he served as Special Land Acquisition Officer of BDA. In the year 2018-19 he served as the Assistant Commissioner of Bengaluru North and in the year 2020, he was posted as the Deputy Director of Department of Health and National Health Mission. It is further alleged that the petitioner also holds moveable and immoveable properties including cash worth of Rs.10,42,86,500.00 and his expenditure is Rs.93,00,000.00 and his known source of income is approximately Rs.3,80,20,000.00 and thereby he is in possession of disproportionate property worth Rs.7,55,66,500.00 which amounts to 198.75% against the known source of income and thereby the ACB has registered a case for the aforesaid offence. The same is challenged by the petitioner before this Court.