KRISHNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition filed by the petitioner-accused under Sec. 482 of Cr.P.C. for setting aside the order of the III Additional Sessions and Special Judge, D.K. Mangaluru in Spl. Case No.30/2009 dtd. 30/8/2021 for having rejecting the application filed by the petitioner under Sec. 311 of Cr.P.C.

(2.) Heard the arguments of learned Senior counsel for the petitioner and learned Special counsel for the respondent - Lokayuktha.

(3.) The case of the petitioner is that the petitioner is facing trial before the Special Court for the offence punishable under Sec. 13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short ' P.C. Act '). The prosecution examined various witnesses and thereafter, statement of the accused was recorded. The accused also examined as DW.1 and during the arguments, the accused-petitioner filed an application under Sec. 311 of Cr.P.C. for recalling PW.14 and to summon the document i.e., Ex.P.69 marked through PW.14 and some documents were said to be marked by the accused as per Ex.D.3. But the trial Court without considering the same has dismissed the application. The document produced by the accused which is the Annual Property Report (APR) and he has submitted the statement Nos.1 to 16(a) to the Government which was sent by the Government to Lokayuktha for the purpose of investigation and the said document is withheld, therefore, the same is required to be summoned by the Court for the purpose of disposal. Hence, the application filed for summoning the documents through PW.14 came to be dismissed. Hence, the petitioner is before this Court.