IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 BEFORE:
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA WRIT PETITION NO.35424/2016 C/W WRIT PETITION NO.28987/2016, WRIT PETITION NO.33884/2016(GM-RES) W.P.NO.35424/2016:
BETWEEN:
SRI. B. ANIL KUMAR S/O. SRI. C. BASAVARAJAIAH, AGED ABOUT 46 YEARS, R/AT NO.29, PANCHAKSHARAIAH LAYOUT, ULLALU, ULLALU UPANAGARA POST, BENGALURU-560 056. .. PETITIONER (BY SRI MOHAN S., ADVOCATE) AND:
1.STATE OF KARNATAKA BY MALLESHWARAM POLICE STATION, (NOW BEING INVESTIGATED BY CID BENGALURU) BENGALURU-560 001, 2.THE JOINT DIRECTOR (EXAMS) OFFICE OF THE DIRECTOR PRE-UNIVERSITY BOARD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 012. ..RESPONDENTS (BY SRI.ASHOK N. NAIK, SPL.P.P) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CRIMINAL PROCEDURE CODE PRAYING TO:
QUASH THE FIR IN CRIME NO.37/2016 NOW PENDING BEFORE THE PRINCIPAL CITY AND SESSIONS JUDGE, BENGALURU VIDE ANNEXURE-B AND CONSEQUENTLY THE ORDER DATED 20.04.2016 AT ANNEXURE-C INVOKING SECTION 3 OF KCOC ACT.
W.P.NO.28987/2016:
BETWEEN:
OBALARAJU S/O LATE OBALAIAH AGED ABOUT 51 YEARS OCCUPATION ASSISTANT DIRECTOR IN SMALL SAVINGS AND PENSION DEPARTMENT, GOVERNMENT OF KARNATAKA AND SPECIAL OFFICER OF MINISTER FOR MEDICAL EDUCATION, VIDHANA SOUDHA, BENGALURU R/AT NO.21, 3RD CROSS, 7TH MAIN, SRIRAMPURAM, BENGALURU-29 ..PETITIONER (BY SRI HASHMATH PASHA, ADVOCATE) AND:
1.STATE OF KARNATAKA BY THE SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA, BENGALURU-560001 2.ADDITIONAL DIRECTOR GENERAL OF POLICE CRIMINAL INVESTIGATION DEPARTMENT, OFFICE OF THE C.I.D. PALACE ROAD, BENGALURU-560 001 3.MR.RAJENDRA D.S.
DEPUTY SUPERINTENDENT OF POLICE, CRIMINAL INVESTIGATION DEPARTMENT, OFFICE OF THE C.I.D. PALACE ROAD, BENGALURU-01 4.STATION HOUSE OFFICER AND THE POLICE INSPECTOR MALLESHWARAM POLICE STATION, BENGALURU-03 (REP.BY LEARNED GOVERNMENT ADVOCATE) ..RESPONDENTS (BY SRI ASHOK N. NAIK, SPL. P.P) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CRIMINAL PROCEDURE CODE PRAYING TO:
QUASH THE FIR REGISTERED IN CRIME NO.37/2016 ON THE FILE OF THE MALLESHWARAM POLICE STATION, BANGALORE CITY AND THE ACT OF INVESTIGATION CONSEQUENT UPON REGISTRATION OF THE SAID FIR WHICH IS PENDING ON THE FILE OF THE HON'BLE DESIGNATED COURT FOR KCOCA AND PRL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY AT ANNEXURE-A;
QUASH THE ORDER OF APPROVAL DATED 20.04.2016 PASSED BY R-2 AS PER ANNEXURE-D AND CONSEQUENTLY INVOCATION OF THE PROVISIONS OF SECTION 3 OF THE KCOCA BY R-3 AS PER THE REQUISITION DATED 20.04.2016 AT ANNEXURE-E IN CRIME NO.37/2016 OF MALLESHWARAM POLICE STATION, BANGALORE WHICH IS BEING INVESTIGATED BY R-3 CID POLICE, BANGALORE AND PENDING ON THE FILE OF THE HON'BLE DESIGNATED COURT FOR KCOCA AND PRL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY AS AN ABUSE OF PROCESS OF LAW.
W.P.NO.33884/2016:
BETWEEN:
SRI K M MURALIDHAR S/O LATE MUNISWAMY AGED ABOUT 52 YEARS R/O NO.77, 8TH CROSS SHARADAMBA NAGAR JALAHALLI, BENGALURU ..PETITIONER (BY SRI S R HEGDE HUDLAMANE, ADVOCATE) AND:
1.STATE OF KARNATAKA BY THE SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560 001 2.ADDITIONAL DIRECTOR GENERAL OF POLICE CRIMINAL INVESTIGATION DEPARTMENT OFFICE OF THE CID PALACE ROAD BENGALURU-560 001 3.MR RAJENDRA D S DEPUTY SUPERINTENDENT OF POLICE CRIMINAL INVESTIGATION DEPARTMENT OFFICE OF THE CID PALACE ROAD BENGALURU-560 001 4.STATION HOUSE OFFICER AND THE POLICE INSPECTOR MALLESHWARAM POLICE STATION BENGALURU-560 003 REPRESENTED BY LEARNED GOVERNMENT ADVOCATE ..RESPONDENTS (BY SRI ASHOK N. NAIK, SPL.P.P) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CRIMINAL PROCEDURE CODE PRAYING TO:
QUASH THE ORDER OF APPROVAL DATED:20.04.2016 PASSED BY THE R-2 AS PER ANNEXURE-D AND CONSEQUENTLY INVOCATION OF THE PROVISIONS OF SECTION 3 OF THE KCOCA BY THE R-3 AS PER THE REQUISITION DATED:20.04.2016 AS PER ANNEXURE-E IN CRIME NO.37/2016 OF MALLESHWARAM POLICE STATION, BENGALURU, WHICH IS BEING INVESTIGATED BY R-3 CID POLICE, BENGALURU, AND PENDING ON THE FILE OF HON'BLE DESIGNATED COURT FOR KCOCA AND PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY AS AN ABUSE OF PROCESS OF LAW.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING `B’ GROUP THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsels for petitioners.
2. Petitioners in the above said three cases are arrayed as accused Nos.12, 11 and 5 respectively in connection with Crime No.37/2016 of Malleshwaram Police which has been subsequently culminated in Spl.C.C.No.417/2016.
3. Though the petitions were filed for quashing the FIR in Crime No.37/2016, they also called in question the invocation of KCOCA Act against the petitioners. However, it is submitted that, subsequently the said Crime No.37/2016 has been culminated in Spl. C.C.No.417/2016 pending on the file of Principal City Civil and Sessions Judge, Bengaluru. It is also submitted by the learned counsel for petitioners that similarly placed accused persons i.e., accused Nos.13 and 14 have filed an application under Section 227 of Criminal Procedure Code for their discharge and vide order dated 20.11.2017 those accused persons were discharged by the Trial Court, however accused No.11, who is the petitioner in W.P.No.28987/2016 has also filed an application for discharge. The said application was deferred for consideration, in view of the pendency of Writ Petition No.28987/2016 before this Court.
4. Learned counsel for petitioners also submit that accused Nos.5 and 12 are also placed on similar footing as that of accused Nos.13 and 14. Therefore they also would like to make application under Section 227 of Criminal Procedure Code for their discharge before the Trial Court.
5 In view of the above said facts and circumstances, there is no reason for this Court to go into the merit and demerit of the case as it suffice to say that accused Nos.5 and 12 who are petitioners in W.P.No.33884/2016 and W.P.No.35424/2016 are also permitted to file application for their discharge under Section 227 of Criminal Procedure Code, if not already filed and Trial Court is hereby directed to provide opportunity to the State on the applications filed by accused Nos.5 and 12 and on the application of accused No.11, which is already pending under Section 227 of Criminal Procedure Code and dispose of the said applications in accordance with law.
With these observations, all the above writ petitions are disposed of.
Sd/- JUDGE SBN