VINAY RAJASHEKARAPPA KULKARNI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Petitioner, a former Cabinet Minister and a sitting Member of the State Legislative Assembly has been arrayed as Accused No.15 in a murder case in Spl.C.C.No.565/2021. Earlier it was investigated into by the State Police and charge sheet was filed. Charges too having been framed, trial was half way through. Later, matter having been entrusted to Central Bureau of Investigation with consent of the State Government, further investigation was undertaken and fresh charge sheets have been filed against as many as 21 persons in all, including the petitioner.

(2.) The learned LXXXI Addl. City Civil and Sessions Judge, Bengaluru, who also holds the charge of Special Court exclusively for dealing with criminal cases related to former and elected MPs/MLAs in the State, has framed charges against all the Accused vide order dtd. 6/12/2023. The charges inter alia against the petitioner are for the offences punishable u/ss 143, 147, 148, 120-B, 302, 201 read with Sec. 149 of Indian Penal Code, 1860 and also for the offences punishable u/s 25 read with Sec. 3, 5, 8 and 29 of the Arms Act, 1959 read with Sec. 149 of IPC. In this petition filed u/a 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, petitioner seeks to call in question the said order. After service of notice, the respondent-Central Bureau of Investigation has entered appearance through its Panel Counsel and resisted the petition.

(3.) (A) AS TO THERE BEING NO MATERIAL ON RECORD TO CONNECT THE PETITIONER TO THE COMMISSION OF SUBJECT OFFENCES: