H.M. SOMASHEKARAYYA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THOUGH the matter is listed for admission, it is heard on both sides and taken up for final disposal.

(2.) THIS revision petition is filed under Section 397 read with Section 401 of Cr.P.C. assailing the order passed by the Prl. Sessions Judge/Special Court, Ballari in Special Case No. 118/2012 dated 08.01.2015. The learned Sessions Judge has rejected the applications filed by this petitioner (accused No. 8) along with accused Nos. 1 to 4, 6 and 7 filed under Sections 227 and 239 of Cr.P.C. to discharge them for the offences punishable under Sections 13(1)(c) read with Section 13(2) of Prevention of Corruption Act, 1988 and Section 409 read with Section 149 of I.P.C.

(3.) THE gist of the allegation was the accused No. 1 is the Chief Officer in Town Municipality, Shiruguppa, accused No. 2 is the Junior Engineer in Town Municipality, Shiruguppa, accused No. 3 is Assistant Executive Engineer, D.U.D.C. Ballari, accused No. 4 is S.D.A. in Town Municipality, Shiruguppa, Accused No. 5 (dead) was the First Divisional Assistant in the Municipality of Shiruguppa. Accused No. 6 is the President of Town Municipality, Shiruguppa. Accused No. 7 is the Class -I Contractor of Shiruguppa. Accused No. 8 is the Proprietor of Premier Technical Consultancy, appointed by the Deputy Commissioner for Supervision of the quality of the work done by the contractors. The accused Nos. 1 to 7 colluded with each other, mis -used and mis -appropriated the amount sanctioned for the purpose of laying the tar road from Ballari main road to Shanimahatma Temple near culvert Shiruguppa and CC road and drainage from the house of one Venkobanna Setty to the house of Dr. Younus. They have mis -appropriated Rs. 11,00,000/ - and Rs. 9,00,000/ - respectively. No tar road was laid and only metal road work is done and without completion of the work the accused has paid the amount to the contractor. The specific allegation against the petitioner is, he has co -operated with accused Nos. 1 and 2 to fabricate the documents and get the same sanctioned in the Municipal Council, got the bill passed in respect of the Work Order No. 1 for Rs. 7,27,409/ - and Rs. 5,34,885/ - in Work Order No. 2, thereby he was responsible for mis -appropriation of the public money and cheating the Government.