STATE OF KARNATAKA Vs. DEVENDRAPPA BHIMAPPA NAIK

JUDGEMENT

(1.) This petition filed under Sec. 397(1) r/w 401 Cr.P.C is by the State, challenging the impugned order dtd. 30/6/2014 passed by the Special Court in Spl.C.No.118/2011 discharging the respondents/accused Nos.1 to 3 for the offences punishable under Ss. 13, (1) (e) r/w 13 (2) of Prevention of Corruption Act 1988, r/w Sec. 120-B and 109 IPC.

(2.) For the sake of convenience, the parties are referred to by their ranks before the trial Court.

(3.) In support of the petition, the State has contended that at the relevant point of time, accused No.1 was working as Chief Executive Officer, Zilla Panchayat, Belgaum. On the basis of source information, the Superintendent of Police, Karnataka Lokayukta Bengaluru Rural PS registered Cr.No.27/2008 against him for the offences punishable under Ss. 13 (1) (e) r/w 13(2) of Prevention of Corruption Act. Search warrant was secured and raids were conducted at several places. Thereafter, the case was transferred to Lokayukta Police, Belgaum and registered in Cr.No.20/2008 on 30/9/2008. After completing the investigation, charge sheet in Spl.C.No.118/2011 was submitted against accused No.1 for the offences punishable under Ss. 13 (1) (e) r/w 13(2) of Prevention of Corruption Act. In the same charge sheet, accused Nos.2 and 3 were charged for the offences punishable under Ss. 120-B and 109 IPC on the ground that they have conspired with accused No.1 in getting some of the properties in their names on his behalf. Sanction was secured against accused No.1 before filing the charge sheet. However, at the stage of framing charge, the trial Court has passed the impugned order discharging accused Nos.1 to 3.