SHANMUKHAPPA K. DOMBAR Vs. STATE BY KARNATAKA

JUDGEMENT

(1.) THIS petition is filed seeking to set aside the order dated 30.10.2012, passed in Spl.SVC.No.9/2011, on the file of the Hon'ble Principal District and Sessions Judge and Spl. Judge, Haveri. The petitioner was charge sheeted by the respondent- Police for having committed the offence under Section 13(1)(e) read with Section 13(2) of P.C. Act-1988, alleging that the respondent being a public servant namely a Commercial Tax Officer at Hospet was found in possession of assets more than his known source of income.

(2.) ON investigation conducted by the Deputy Superintendent of Police Lokayukta, Haveri, it was found that the petitioner was in possession of assets worth Rs.21,12,298-53 and he has spent a sum of Rs.52,01,367-50. Thus, he was having net assets and expenses of Rs.73,13,666-03, whereas his total income during the said period was Rs.38,16,095-33 and therefore, he had excess assets over the income to an extent of Rs.34,97,570-00, which is 91.65% more than his net income of Rs.38,16,095-33. On the basis of the above materials, the charge sheet came to be filed. The accused-petitioner appeared before the Court below and filed an application for discharge. The learned Special Judge rejected the application not only on facts but also he has turned down the question challenging the sanction granted for prosecuting him. The accused had also questioned the legality of the charge sheet filed stating that the investigation has not been conducted in accordance with law as per Section 17 of the P.C. Act.

(3.) I have heard Sri.M.P.Dinakar, learned advocate appearing for the petitioner and also Sri.Jagadish Patil, learned advocate appearing for the respondent-State.