ARAVIND S. MANGANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed under S.407 of Cr.P.C., 1973, for withdrawal of the case in Spl.C.C.No.466/2014 pending on the file of II Addl. District and Sessions Judge, Tumakuru/Special Judge, designated to try cases under Prevention of Corruption Act, 1988 and for transfer to the Court of Prl. District and Sessions Judge/Special Judge, designated to try the cases under the Prevention of Corruption Act, 1988 (for short 'the Act') at Kalaburagi, for conducting the trial.

(2.) The petitioner was working as Deputy Commissioner (Excise) at Tumakuru. That on 10.08.2011, Superintendent of Police, Karnataka Lokayuktha, Tumakuru having registered FIR in Crime No.12/2011 for the offences punishable under Ss.13(1)(e) read with S.13(2) of the Act, conducted raids and after completion of the investigation, filed charge sheet against the petitioner for the offences punishable under Ss.13(1)(e) read with S.13(2) of the Act, before the Special Judge, designated to try the offences under Prevention of Corruption Act, 1988 i.e., II Addl. District and Sessions Judge, Tumakuru. The case was registered as Spl.C.C.No.466/2014 and is at the stage of Hearing Before Charge.

(3.) The petitioner having attained the age of superannuation, has retired from service on 28.02.2015 and settled at Kalaburagi City, which is at a distance of about 590 Kms. from Tumakuru. 97 witnesses have been cited in the charge sheet by the prosecution. Out of them, 70 are from Kalaburagi, Bidar, Yadagiri, Alanda, Raichur, Koppal, Kolhapur and Dharwad, which are at a near distance to Kalaburagi, than from Tumakuru. Out of the remaining 27 witnesses, some are officials of the Lokayukta Police, Tumakuru and one witness is from Udupi and some witnesses are from Bengaluru. On the ground of expediency, the petition was filed for the said relief.