M.P. RENUKACHARYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in FIR in Crime No.6/2015 registered by the Davangere Lokayukta police for the offence punishable under Ss. 13 (1)(e) read with 13(2) of the Prevention of Corruption Act , 1988 and Ss. 120B and 420 of IPC pending on the file of Principal District and Sessions Judge, Davangere.

(2.) Heard the arguments of learned counsel for the petitioner and special counsel for respondent No.1/Lokayukta and learned counsel for respondent No.2.

(3.) The case of the prosecution is that on the complaint filed by respondent no.2 one Gurupadaiah the police have registered FIR on 30/11/2015 in crime No.6/2015 and it was alleged that the respondent No.2 claiming himself to be president of Brashtachara Virodi Vedike filed a private complaint under Sec. 200 of Cr.P.C before the special Court for Lokayukta on 28/4/2015 alleging that the petitioner had amassed wealth disproportionate to his known source of income while he was a Member of Legislature Assembly during 2004 to 2008, again from 2008 to 2013 and also from 25/12/2009 to 23/12/2013 when he was Cabinet Minister of Government of Karnataka. In the year 2004 when he had filed nomination paper for contesting the MLA election at Honnalli, he has declared his assets at Rs.26,07,319.00and thereafter in the year 2008 election he had declared his assets as Rs.73,97,828.00 and in the year 2013 he has declared assets as Rs.4,95,32,608.00. It was alleged that there was raise of income and assets during his tenure as Minister in the State Government of Karnataka, he along with his brother has established Educational Institution by name Bapuji Educational Institution at Shimoga and the brothers had also amassed huge wealth when the petitioner was MLA and there after became the Minister. The petitioner by using office and by abusing his official position accumulated huge movable and immobile properties, which is disproportionate to his income. Based upon the private complaint, the same was referred to Lokayukta police under Sec. 156 (3) of Cr.P.C , in turn the police investigated the matter and submitted the report. The police in Crime No.5/2015 against the petitioner and his brothers for the offence punishable under Ss. 13 (1)(d) and (e) of the Prevention of Corruption Act , 1988 and Sec. 120B and 420 of IPC. It is further alleged that the petitioner and his brother have challenged FIR in Crime No.5/2015 by filing Crl.P.No.3431/2015 before the High Court. The High Court vide its order dtd. 4/9/2015 had allowed the petition and quashed the FIR and consequential proceedings and liberty was reserved for complainant to pursue his complaint in accordance with procedure laid down by Hon'ble Supreme Court in the case of Priyanaka Srivastava and Anr. Vs. State of Uttar Pradesh and other reported in (2015) 6 SCC 287 and all contentions of both parties were left open.