GAJARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WP.No.3171/2022 filed by the accused No.1 and WP.No.1142/2022 by accused No.2 and under Articles 226 and 227 of Constitution of India read with 482 of Cr.P.C for quashing the Sanction order granted by respondent/State vide Government Order No. HD 62 PRE 2017 dtd. 30/12/2021 permitting the prosecution to initiate proceedings against accused No.1 Sec. 13(1)(C) and 13(1)(2) of Prevention of Corruption Act read with 120 of IPC .

(2.) WP.No.16978/2022 filed by petitioner accused No.4 for quashing the sanction order dtd. 5/10/2021 in No.24/Sibbandi/KSISF(ISD)/2021 by the respondent State under Sec. 8, 12 and 13(1)(c) read with Sec. 13 (2) of the PC Act, 1988 and Ss. 465, 468, 474, 120B of IPC now pending in Special C.C.No.127/2022 on the file of Special Judge, PC Act, CCH 24, Bengaluru.

(3.) The case of the petitioner in WP.No.16978/2022 is that the petitioner/accused No.4 is presently working as Inspector Police in Karnataka State Industrial Security Force (KSISF), under Internal Security Division (ISD) and he was posted to Central Jail Bengaluru and when he was Sub-Inspector of police and reported duty in Parappana Agrahara Jail on 11/12/2015 he was assigned with incharge of security of the outer perimeter consisting of 7 police Sub Inspectors, 53 male constable and 5 women constables deployed at Bangalore Central Jail by commandant second battalion of the KAS-IAS Officer. The petitioner was deputed for the duty of the main entrance and outer visitors area. On 15/2/2017 the then AIADMK- General Secretary Smt.Sasikala Natarajan and Ilavarasi had surrendered and detained in the jail in disproportionate asset's case after they were convicted by the Hon'ble Supreme Court. On 15/2/2017 an office order was issued by Chief Superintendent of Central Jail, Bengaluru by setting task for the KSISF unit personnel to the above said two convicts. There was high tight security, no private vehicles were allowed beyond the traffic points and also general public were prevented from entering the jail. The petitioner was discharging duty and the Deputy Inspector General of Police submitted written complaint on 12/7/2017 to the Director General of Police, Prisons (DGP, Prisons) alleging some irregularities in the Central Jail Bangalore. The DIG of police alleged against the DGP prisons. Following the order of DGP, the letter was written to the Principal Secretary (PCAS) to the Government, Home Department, for seeking strict disciplinary action against DIG, prisons. In the meanwhile an anonymous letter bearing no signatures dtd. 14/7/2017 merely signed by 'Aggrieved Jail Officers and Personnel' was addressed to DGP, Prisons, alleging that that the petitioner was acting as broker in facilitating luxury amenities to Smt.Sasikala Natarajan who was said to be receiving royal treatment inside the jail. It was stated in the said letter that this petitioner was taking MLAs, MPs inside the jail without recording the same in the visitor's register book and were made to contact with Smt. Sasikala Natarajan by taking bribe. It is alleged that the Additional Inspector General (AIGP) Prisons who conducted the enquiry on anonymous letter and it has mentioned AIGP, Prisons in (the late Veerabhadra Swamy) in a statement on 22/6/2018 to the Anti-Corruption Bureau (ACB). In pursuant to the letter the government passed an order appointing one Sri.Vinay Kumar on 14/7/2017 a retired IAS officer for enquiring on the letter dtd. 12/7/2017. On 11/8/2017 the Under Secretary (Admin) to the Excellency the Government for enquired with the matter and report was forwarded on 21/10/2017 stating that there was no adverse finding against this petitioner and the Government letter dtd. 26/2/2018 accepted the report of Sri.Vinay Kumar where it is stated that there is no financial irregularities and alleged incidents in the matter. The Government passed an order No.HD62PRE 2017 dtd. 26/2/2018 for handing over the investigation to the ACB against one Sri.H.N.Sathyanarayana Rao former DGP, prisons and the case was registered for the offence punishable under Sec. 13 (1) (C) and 13 (2) of PC Act . An FIR has been registered by ACB police against Sri.H.N.Sathyanarayana Rao in Crime No.7/2018 and took up the investigation. After the investigation, the ACB sought sanction to prosecute the offence against the petitioner and sanction order was issued and charge sheet came to be filed on 7/1/2022.. The special case has been registered by the police in Special Case No.127/2020 which is under challenge.