ONKAR MURTHY Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Sec. 482 of Cr.P.C. for setting aside the order of Special Court dtd. 19/7/2022 in Spl. C.C.No.1199/2019 and to discharge the petitioner under Sec. 13(e) read with Sec. 13(2) of Prevention Corruption Act (hereinafter referred to as ' P.C. Act ').

(2.) Heard the arguments of learned counsel for the petitioner and learned Special Counsel for the respondent- Lokayuktha.

(3.) The case of the prosecution is that Lokayuktha police filed charge sheet against the petitioner alleging that the petitioner is the public servant working in Karnataka Industrial Areas Development Board (hereinafter referred to as 'KIADB') as Development Officer and during his tenure between 16/12/1981 and 26/9/2013, he has amassed assets of Rs.44,82,810.78 ps. against known sources which amounts to 24.17%. The petitioner being aggrieved with the percentage calculated by the investigation officer, approached this Court by filing Criminal Petition No.6253/2020 alleging that some of the documents produced by the petitioner has not been considered by the trial Court including the loan availed by him for Rs.20,40,000.00 and this Court directed the trial Court to consider the same and accordingly, the trial Court only considered Rs.20,40,000.00 but not considered the refundable advance amount in the income and the chit fund income while calculation, if that is calculated, there is no disproportional assets. The trial Court has not considered the same. Hence, the petitioner is before this Court.