K.L. GANGADHARAIAH Vs. KARNATAKA LOKAYUKTHA POLICE

JUDGEMENT

(1.) The petitioner is before this Court calling in question registration of crime in Crime No.20 of 2023 registered by the Karnataka Lokayukta Police under Ss. 12, 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 ("the Act' for short) and has consequently sought quashment of entire source information report of the Lokayukta which led to registration of crime.

(2.) Facts, in brief, germane are as follows: The petitioner is an employee of the Public Works Department having joined the said Department as Assistant Engineer. In the year 2011, he was promoted to the cadre of Assistant Executive Engineer and presently functioning as Assistant Director of Town Planning, Yelahanka Zone, Bangalore. On 21/4/2023 the respondent - Police wing of the Lokayukta registers a crime on the basis of source information report in Crime No.20 of 2023 for offences punishable under Ss. 12, 13(1)(b) and 13(2) of the Act. Based upon the said source information report, on 24/4/2023 in wee hours of the morning, the Police conduct a raid on the house of the petitioner and draw up a seizure panchanama and all other necessary things for it to be in accordance with law. The petitioner, the moment search takes place and registration of crime thereto, is before this Court calling in question registration of crime, which was on the basis of source information report. Since no further proceedings have happened, the issue now lies in a narrow compass with regard to the challenge to source information report and resultant registration of crime.

(3.) Heard Sri Sandesh J Chouta, learned senior counsel for the petitioner and Sri B.B. Patil, learned Special Public Prosecutor for the respondent.