STATE OF KARNATAKA Vs. B.S. SHIVAPRAKASH

JUDGEMENT

(1.) This revision is filed by the State through Lokayuktha challenging the order dtd. 16/11/2016 passed by the 23rd Additional Civil Judge and Sessions Judge and Special Judge, Bengaluru Urban District (CCH-24) and Special Judge for Lokayuktha ('trial Court/Special Judge' for short), in Spl.C.C. No.128/2014, whereby the learned Special Judge has discharged the accused the accused/respondents herein for the charges under Sec. 13(1)(c), 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 (P.C Act, for short).

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

(3.) Accused Nos. 1, 3 and 4 have filed application under Sec. 227 and 239 of Cr.P.C seeking discharge. The allegations of the prosecution are that, the complainant-Lokayuktha Police have registered a suo- moto case against Accused Nos. 1 to 4 and submitted the charge sheet alleging that the accused being the responsible officers in Kannada and Cultural Department, misused their official powers and misplaced/misappropriated 06 Medals out of 25 Gold Medals of 22 carrot by causing loss to the tune of Rs.3,12,000.00 to the public ex-chequer. The Investigating Officer seized 19 Gold Medals from the custody of Accused Nos. 1 and 4. Accused Nos. 2 & 3, were working there as Commissioner and Joint Director during relevant period. The Audit Report of Accountant General Office discloses that there were 24 Gold Medals available and subsequently only 19 Gold Medals were found and 06 Gold Medals were found missing, which is alleged to be dereliction of duty on the part of the public servants. In this regard, the accused were chargesheeted.