LAWS(KAR)-2023-2-224

C. NARAYANA Vs. STATE OF KARNATAKA

Decided On February 22, 2023
C. Narayana Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners have challenged an order dtd. 15/2/2020 passed by the LXXVII Addl. City Civil and Sessions Judge and Special Judge, Bengaluru (CCH - 78) (henceforth referred to as 'Trial Court' for short) in Spl.C.C.No.508/2014 by which, an application filed by them under Ss. 227 and 239 of Cr.P.C., was rejected.

(2.) The parties shall henceforth be referred to as they were arraigned before the Trial Court. The petitioners herein were the accused Nos.1 and 3.

(3.) The petitioners were charge-sheeted for the offences punishable under Ss. 120B , 409 , 465 , 468 , 471 and 477A of IPC and Ss. 13(1)(c) and (d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988. The case of the prosecution was that based on a report submitted by the T.V.C.C. Division, Bruhat Bengaluru Mahanagara Palike (henceforth referred to as 'BBMP' for short) that certain illegalities were committed by the contractors of BBMP in Malleshwaram, Gandhinagara and Rajarajeshwarinagara during the year 2008-09 to 2011-12, the Deputy Superintendent of Police, C.I.D. Bengaluru, had registered a case against the accused for the offences punishable under Ss. 120B , 409 , 465 , 468 , 471 and 477A of IPC and Sec. 13(1)(c) and (d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988. After completion of the investigation, the investigating officer had submitted a charge-sheet for the aforesaid offences.