M.MURALIDHARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal revision petition No.754/2019 has been filed by the petitioner/accused No.1 and criminal revision petition No.1306/2019 has been filed by the petitioners/accused Nos.2 and 3 challenging the order passed by the Court of Principal District and Sessions Judge, Chikkaballapura in Special Case No.15/2016 dated 15.04.2019.

(2.) I have heard Sri. C.H. Jadhav, learned senior counsel appearing for Smt. Rashmi Jadhav and Sri. B.S. Prasad, learned Special Public Prosecutor for respondent - Lokayukta.

(3.) Brief facts of the case are that accused No.1 was working as an executive Engineer in Public Works Ports and Inland Water Transport Department, accused No.2 was working as an accountant and accused No.3 was a group 'D' employee. On the basis of the information received by Lokayukta on 17.09.2014, they registered a case in Crime No.11/2014 for the offence punishable under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred as 'the Act'). Thereafter, after following the procedure on the information, the bribe amount would be carried in a Government Vehicle provided to the petitioner. They obtained a search warrant and conducted a raid on 18.09.2014 and when they inspected the official car and the office of the petitioners/accused, no incriminating material found. At that time, an amount of Rs.22,500/- was seized from accused No.2 and an amount of Rs.16,490/- was seized from accused No.3. On the same day, at about 5.00 p.m., when they checked the official car, which was parked in front of the house of accused No.1, they found a sum of Rs.2,46,000/- the same was recovered and after investigation, the charge sheet has been filed. Thereafter, the special Court took cognizance and secured the presence of the accused and when the case was posted for hearing before charge, at that time, an application came to be filed under Section 227 of Cr.P.C., to discharge. After hearing the learned counsel appearing for both the parties, the said application came to be dismissed.