IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4986 OF 2014 BETWEEN:
STATE BY DEPUTY SUPERINTENDENT OF POLICE CENTRAL BUREAU OF INVESTIGATION (ANTI-CORRUPTION BRANCH) NO.36, BELLARY ROAD GANGANAGAR BANGALORE-560 032 ... PETITIONER (BY SHRI. P. PRASANNA KUMAR, ADVOCATE) AND:
1. SHRI. CHANDRASHEKAR S/O LATE PUTTARAJAIAH AGED 40 YEARS CONTRACTOR R/O HEMMANAHALLI VILLAGE AATHAGURU HOBLI MADDUR TALUK MANDYA DISTRICT-571 433 KARNATAKA 2. SHRI. K. ANAND @ KEBBALLI ANAND S/O LATE K.B.KEMPEGOWDA AGED 52 YEARS RESIDING AT HOUSE NO.740 8TH CROSS, CHAMUNDESHWARI NAGARA MANDYA-571 401 KARNATAKA 3. SHRI. H.S. NAGALINGASWAMY S/O LATE SHIVANNA AGED 47 YEARS CEO, M/S FUTUREWEL FARMS AND ESTATES PVT. LTD., NO.50, 3RD FLOOR, GOLD TOWER NO.302, RESIDENCY ROAD BANGALORE-25 RESIDING AT AKSHATHA LODGE INFANTRY ROAD, BANGALORE AND:
PERMANENTLY RESIDENT OF D. HALASAHALLI VILLAGE MALAVALLI TALUK MANDYA DISTRICT-571 430 4. DR. H.S. SHIVARAMU S/O SHIVALINGAIAH AGED 55 YEARS COMMISSIONER MANDYA URBAN DEVELOPMENT AUTHORITY RESIDING AT "SURAKSHITHA"
16TH CROSS, V.V.NAGARA KALLAHALLI, MANDYA CITY AND:
PRESENTLY RESIDING AT "SHIVASHAILA"
LEELAVATHI LAYOUT, MAIN ROAD MADDUR TOWN-571 433 5. SHRI. H.K. NAGARAJ S/O MANCHAIAH @ KARI GOWDA AGED 56 YEARS FIRST DIVISION ASSISTANT MANDYA URBAN DEVELOPMENT AUTHORITY RESIDENT OF VINAYAKA LAYOUT OPP. CHANDRADARSHANA KALYANA MANTAPA KARASAVADI ROAD, MANDYA-571 401 6. SHRI. UMMER FAROOQ S/O AHMAD AGED 47 YEARS JCB AGENT R/O C/O PEB COMPLEX MANGALADEVI CROSS MANGALORE CITY AND:
NATIVE OF KONACHE MANGALORE DISTRICT-575 001 7. SHRI. K.B. HARSHAN S/O BYRE GOWDA AGED 50 YEARS G. KEBBALLI VILLAGE, K. GOWDAGERE POST KERAGODU HOBLI MANDYA TALUK AND DISTRICT-571 446 8. STATE OF KARNATAKA BY MANDYA WEST POLICE STATION MANDYA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560 001 ... RESPONDENTS (BY SHRI. K. LAKSHMIKANTH, ADVOCATE FOR R2; SHRI. HASHMATH PASHA & A/S FOR R3;
SHRI. NASRULLA KHAN, HCGP FOR R8;
R1, R4, R5 & R7 - SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 407 OF CR.P.C., PRAYING TO ORDER FOR TRANSFER OF CASE IN C.C.NO.840/2013 PENDING ON THE FILE OF THE COURT OF ADDL.CIVIL JUDGE (JR.DN.) & JMFC , MANDYA ARISING OUT OF FIR NO.273/2013 OF MANDYA WEST POLICE STATION TO THE COURT OF 46TH ADDL. CITY CIVIL & SESSIONS JUDGE & SPECIAL JUDGE FOR CBI CASES (CCH-47), BANGALORE TO BE TRIED WITH THE CASE IN RC.NO.05(A)/2014.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Central Bureau of Investigation (‘CBI’ for short) has filed this petition seeking transfer of criminal case in C.C.No.840/2013 from the Court of JMFC, Mandya to Special CBI Court in Bengaluru.
2. Heard Shri P. Prasanna Kumar, learned standing counsel for the CBI and Shri Nasrulla Khan, learned HCGP for the State.
3. Shri Prasanna Kumar, learned standing counsel for the CBI submits that the police after investigation of crime registered as FIR No.273/2013 in Mandya Police Station, have filed the charge sheet in C.C.No.840/2013.
4. State Government by order dated 14.11.2013, accorded sanction for investigation of the case in FIR No.273/2013 to the CBI. CBI, after investigation have filed charge sheet before Special Judge for CBI cases (CCH-47), Bengaluru. He submits that records may be transferred to Special Court for CBI cases.
5. Though served, the private respondents have remained absent.
6. Shri Nasrulla Khan, learned HCGP submits that he has no objection for transfer of records to the Special Court for CBI cases.
7. In the circumstances, it is directed that all case papers and records connected with FIR No.273/2013 registered in Mandya police station and C.C.No.840/2013 shall be transferred to the Court of Special Judge for CBI cases (CCH-47), forthwith.
8. Petition is disposed of accordingly.
9. In view of disposal of the petition, I.A.No.1/2014 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV