IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31875/2019 (GM-POLICE) BETWEEN:
SHRI S.K.VIJAY S/O. Y.V.SURYANARAYAN AGED ABOUT 48 YEARS R/AT NO.69, 1ST FLOOR 7TH CROSS ROAD, R.K.LAYOUT PADMANABHANAGAR BENGALURU- 560 070 … PETITIONER (BY SRI RAGHAVAN.M, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY HOME AFFAIRS DEPARTMENT BENGALURU CITY BENGALURU- 560 001 2. THE DEPUTY COMMISSIONER OF POLICE BENGALURU CENTRAL DIVISION KASTURBA ROAD BENGALURU- 560 001 3. THE STATION HOUSE OFFICER HALASURU GATE POLICE STATION HUDSON CIRCLE BENGALURU- 560 002 4. THE ANTI CORRUPTION BUREAU (ACB) NO.49, KHANIJA BHAVAN RACE COURSE ROAD OPPOSITE SHAKTHI BHAVAN BENGALURU- 560 001 REP. BY INVESTIGATING OFFICER 5. SRI SOMANNA MAJOR R/AT NO.147/A, 1ST MAIN KAMALANAGAR BASAVESHWARANAGAR BENGALURU- 560 079 6. SMT.GOWRAMMA MAJOR R/AT NO.147/A, 1ST MAIN KAMALANAGAR BASAVESHWARANAGAR BENGALURU- 560 079 7. UMA, MAJOR R/AT NO.147/A, 1ST MAIN KAMALANAGAR BASAVESHWARANAGAR BENGALURU- 560 079 8. UMADEVI MAJOR R/AT NO.147/A, 1ST MAIN KAMALANAGAR BASAVESHWARANAGAR BENGALURU- 560 079 9. BHOGEGOWDA MAJOR R/AT NO.147/A, 1ST MAIN KAMALANAGAR BASAVESHWARANAGAR BENGALURU- 560 079 10. KHB OFFICERS KHB OFFICER, K.G. ROAD BENGALURU CITY- 560 009 KARNATAKA …RESPONDENTS (BY SRI B.BALAKRISHNA, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.3- POLICE INSPECTOR, HALASUR GATE POLICE STATION TO TRANSFER CRIME NO.48/2019 (ANNEXURE-C) TO RESPONDENT NO.4 ANTI CORRUPTION BUREAU ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Raghavan.M., learned Counsel for the petitioner. Sri B.Balakrishna, learned Additional Government Advocate for respondent No.1.
2. Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the other respondents.
3. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
4. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks for a writ of mandamus directing respondent No.3 to transfer Crime No.48/2019 (Annexure-C) of Halasurgate police station to Anti Corruption Bureau, Bengaluru.
5. When the matter was taken up today, learned Counsel for the petitioner submits that the complaint filed by the petitioner is disclosing commission of non-cognizable offences by a Government Servant. Therefore, the offences made out against the accused are under the provisions of the Prevention of Corruption Act, 1988.
6. On the other hand, learned High Court Government Pleader submits that since the allegations in the complaint has been made against a Government Servant, first information report in Crime No.48/2019 of Halasurgate police station be transferred to the Anti Corruption Bureau, Bengaluru.
7. In view of the aforesaid submissions made and in the facts of the case, the petition is disposed of. Crime No.48/2019 of Halasuru gate police station is transferred to Anti Corruption Bureau, Bangaluru.
Sd/- JUDGE KSR