SRI GANGARAM BADERIYA, IAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned senior counsel Sri. M.T.Nanaiah and the learned counsel Sri. L.M.Chidanandayya appearing for the petitioner and Sri. P. Govindan, learned Special Public Prosecutor for the respondent-Special Investigation Team.

(2.) The petitioner is arraigned as accused No.5 in the FIR registered by the respondent-SIT in respect of the offences under sections 204 , 405 , 406 , 463 , 465 , 468 , 471 r/w sections 423 and 120-B of IPC, Sections 13(1)(d) and 13(1)(e) of Prevention of Corruption Act,1988, Sections 21 , 23 r/w section 4(1) , 4(1)(A) of MMDR Act, 1957, Sections 104 and 104(c) of Karnataka Forest Act 1963 and sections 3(A) and 3(B) r/w Section 2 of the Forest Conservation Act, 1980 in pursuant of a private complaint registered in PCR No.27/2011. Summons was issued to the accused persons and the matter was referred for investigation to the Lokayuktha police. In the meantime, this petitioner filed Crl.P.No.7125/11 and sought for quashing the criminal proceedings before this Court. Interim stay is granted. In the meanwhile, the co-accused Sri.S.M.Kirshna, former Hon'ble Chief Minister of the State of Karnataka had also filed a criminal petition No.6920/2011 and his petition was partly allowed and partly dismissed and the said order was challenged before the Apex Court in S.L.P.No.743/12. In the said proceedings, the respondent-SIT was impleaded and the Apex Court directed the entire investigation to be carried out by the respondent and submit the report within three months. In view of the direction of the Apex Court, the present FIR is registered by the SIT. The petition moved by this petitioner before the Special Court is rejected on the ground that the allegation is in the nature of economic offence.

(3.) It is a fact that the petitioner herein was working as Director of Mines & Geology between September 2005 to October 2007. The allegation as of now against this petitioner is, during his tenure, he allowed permits for lifting iron ore from patta lands beyond the terms of the direction issued by the Government in their order dated 13.1.2005 (Annexure-F of the objection statement). Though there was no ore in stock pertaining to Chitradurga, Dharwad and Chikamagalur, permits were issued on his direction thereby causing monetary loss to a tune of Rs.1,38,45,000/- to the State. It is also a fact that this petitioner was arrested in Cr.No.10/2015 registered by the respondent-police and was in custody for 17 days and within that period, for 5 days he was taken to custody.