B Y RAGHAVENDRA Vs. VINOD B

JUDGEMENT

(1.) As all these petitions relate to one and the same case pending before the Special Court for Lokayukta cases in Bangalore in Spl.C.C.No.174/2012 [P.C.R.No.29/2012], these petitions were heard together and are being disposed of by this common order.

(2.) Writ Petition No.38135/2012 is by accused No.1. Writ Petition No.38134/2012 is by accused No.2 and Writ Petition Nos.38460-38463/2012 are by accused Nos.3 to 6 in the above said case.

(3.) Respondent Vinod.B filed a private complaint under Section 200 of Cr.P.C. against these petitioners and another before the Special Court for Lokayukta cases in Bangalore in P.C.R.No.29/2012 alleging various offences punishable under Sections 420 and 120(b) of IPC and Section 13(1)(c), 13(1)(d) of Prevention of Corruption Act. The offences alleged are related to certain immovable properties situated at Hunasekatte Village, Bhadravathi Taluk, Shimoga District. The sum and substance of the allegations made in the complaint are that the said lands originally owned by one S.J.Mathais. The said land measuring in all 69 acres was purchased by accused 1 and 2 benami in the names of accused Nos.3 to 6. Thereafter, application for conversion of agricultural land to non-agricultural purposes namely for industrial purpose was filed before the Deputy Commissioner, Shimoga District. But at the instance of accused No.1 who was by then the Chief Minister of the State, 75% of the conversion fee was waived off and only 25% of conversion fee was directed to be paid and thereby caused loss of more than Rs.11,00,000/- to the State Exchequer and subsequently, in violation of the terms and conditions of the conversion order, the said converted lands was sold in favour of Dhavalagiri Property Developers Private Limited of which accused No.2 was a Director. This act was done in pursuance of a conspiracy held in Bangalore. It is also alleged that the land in question was adjacent to the Hunasekatte Reserve Forest land and it is within 10 kms radius of the Bhadra Tiger Reserve which falls in the Eco sensitive zone of the Tiger Reserve. The authorities have given approval for setting up of industries without the applicants obtaining a 'No Objection Certificate' from the Chief Wild Life Warden which is mandatory. It is also alleged that there has been an encroachment of forest land reserved for project tiger. Thus, according to the complainant, accused Nos.1 and 2 being public servants have committed offence of Criminal Misappropriation defined under Section 13(1)(c) and criminal breach of Trust defined under Section 13(1)(d) which are punishable under Section 13(2) of the Prevention of Corruption Act read with Section 420 of IPC, and accused are also guilty of offence punishable under Section 120 (B) of IPC. Regarding the territorial jurisdiction of the Court, it is stated in the complaint that though the lands are situated in Shivamogga District, the entire transactions have taken place from Bangalore where the seller of the land Sri.M.J.Mathais also resided; that the conspiracy for this land deal was hatched in Bangalore itself; that the accused No.1 being the Deputy Chief Minister and Chief Minister at the time of this land deal has evidently influenced the Government officials from his residence and office at Bangalore and the funds for the transaction has also flown from Bangalore; that accused No.2 has his residence and office, Dhavalagiri Properties Private Ltd., in Bangalore which is the ultimate beneficiary in this deal, of which he is the director along with his other family members; that accused 3 to 7 also reside and have their offices in Bangalore, as such the Court at Bangalore has territorial jurisdiction to entertain the complaint.