M. BASAVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is facing trial as accused No.7 in Special CC No.273/2016 on the file of LXXVII Additional City Civil & Sessions Judge and Special Judge for Prevention of Corruption Act, 1988 ( 'PC Act ' for short), Bengaluru. He has presented this writ petition with a prayer to quash criminal proceedings pending against him.

(2.) Shri.M.S.Bhagwat, learned Advocate for the petitioner submitted that during 2008-09 petitioner was working as Assistant Engineer/Draftsman in the Office of Chief Engineer. The Additional Commissioner (Administration) gave a complaint to the Inspector General of Police, that there was misappropriation of funds during asphalting roads in several wards. Accordingly, Bengaluru Metropolitan Task Force ( 'BMTF ' for short) registered FIR No. 4/2011 on 4th November 2011 for offences punishable under Sections 420, 406, 409, 465, 468, 471, 477(a) read with Section 120B IPC and Section 23 of Karnataka Transparency in Public Procurement Act, 1999 ( 'KTPP Act ' for short). The case was entrusted to CID by the State Government. The Commissioner, Bruhat Bengaluru Mahanagara Palike ( 'BBMP ' for short) has accorded sanction to prosecute petitioner under Section 13(1)(c) & (d) read with Section 13(2) of PC Act. After investigation, CID has filed chargesheet in respect of offences both under IPC as also PC Act.

(3.) Shri.Bhagwat urged following three grounds in support of these petitions: