Karnataka High Court
Dr Bharati D K W/Omn Dr. Yogendra Naik vs The State Of Karnataka on 21 April, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 101368 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.101368 OF 2022
BETWEEN:
1. DR BHARATI D K
W/O DR. YOGENDRA NAIK
AGE. 49 YEARS, OCC. TUTUOR,
OBG DEPT VIMS,
R/AT. ADARSHA MULTI SPECIALITY HOSPITAL
ADARSH COLONY
OPPA. KSRTC BUS STAND SINDHANURU
DIST. RAICHUR - 584128
2. DR. DHANUNJAY B S/O. B KRISHNAN
AGED 55 YEARS, OCC. GDMO VIMS
RESIDENT OF NO. 33(6)/16TH WARD
RADHIKA TALKIES ROAD,
BALLARI -583101
...PETITIONERS
(BY SRI. AVINASH M ANGADI.,ADVOCATE)
AND:
VN 1. THE STATE OF KARNATAKA
BADIGER THROUGH CID, BENGALURU
Digitally signed
by V N BADIGER REP BY ITS STATE PUBLIC PROSECUTOR
Location:
DHARWAD
HIGH COURT OF KARNATAKA
DHARWAD 580001
2. DR. D PREMKUMAR
S/O K M DODDALINGAPPA
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CRL.P No. 101368 of 2022
AGE. MAJOR OCC. VICE CHANCELLOR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
KARNATAKA
H.NO. 411(A-2) GHATAPRABHA BLOCK
NATIONAL GAMES VILLAGE,
KORAMANGAL,
BENGALURU - 560034
...RESPONDENTS
(BY SRI. RAMESH CHIGARI, HCGP FOR R1
SRI. SHIVAKUMAR S.BADAWADAGI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C. SEEKING TO ALLOW THIS PETITION AND QUASH THE
COMPLAINT, FIR IN CRIME NO.56/2011 REGISTERED BY COWL
BAZAR POLICE STATION, BALLARY, CHARGE SHEET IN SPL. C.
NO.126/2012 (IN CRIME NO.56/2011 OF COWL BAZAR P.S.)
FOR OFFENCES PUNISHABLE U/SEC. 417, 418, 420, 465, 468,
409, 109, 114, 161 OF IPC AND SEC. 117, 118, 119, 120, 121
AND 138 OF KARNATAKA EDUCATION ACT 1983 AND U/SEC.
13(1) (C), 13(1)(d) R/W 13(2) OF P.C. ACT 1988 PENDING ON
THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE,
BALLARI AND ORDER OF TAKING COGNIZANCE DATED
20.12.2012 AND ORDER OF FRAMING CHARGE DATED
11.01.2019 AND ALL FURTHER PROCEEDINGS PURSUANT TO
THEREIN IN RESPECT OF THE PEITTIONER/ACCUSED 18 AND
ACCUSED 25 HEREIN.
THIS CRIMINAL PETITION COMING FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 101368 of 2022
ORDER
The learned High Court Government Pleader accepts notice for respondent No.1. Sri Shivakumar S.Badawadagi, learned counsel accepts notice for respondent No.2.
2. The petitioners/accused No.18 & 25 have sought quashing of the proceedings initiated against him in Special Case No.126/2012 (Crime No.56/2011) pending on the file of Principal District and Sessions Judge Court, Ballari, for the offences punishable under Sections 417, 418, 420, 465, 468, 409, 109, 114, 161 of IPC and Section 117, 118, 119, 120, 121 and 138 of Karnataka Education Act, 1983 and under Section 13(1)(c), 13 (1)(d) read with Section 13 (2) of Prevention of Corruption Act, 1988.
3. The accusations leveled against the petitioners is that, while petitioner-accused No.18 was working as Tutor at OBG Department, VIMS, along with other accused had paid illegal gratification to the accused No.1; and that -4- CRL.P No. 101368 of 2022 petitioner-accused No.25, who was Medical Officer at VIMS, had taken PGCET examination and had conspired with accused No.1 to commit the examination malpractice, and these petitioners were involved in the said malpractice. The CID after the investigation has filed charge-sheet against the petitioners and other accused. Apart from that, the departmental enquiry was also initiated against the petitioners. It is submitted that, the petitioners have been exonerated in the said departmental enquiry, but it is not on technical ground, but it is on merits. Hence, it is submitted that, the charge leveled against the petitioners in the said departmental enquiry and in the present case is the same.
4. The counsel for the petitioners relying upon the decision of this Court rendered on 27.07.2021 in W.P.No.19700/2018 has submitted that, if the allegations in the departmental enquiry could not be proved on merit and the person is held to be innocent, criminal prosecution on the said facts cannot be permitted to be continued on -5- CRL.P No. 101368 of 2022 the underlying principles of criminal trial needing higher standard of proof.
5. It is further submitted that, the exoneration is not on technicalities, but it is on merits as there was no evidence against the petitioner to drive home the charge.
Under the circumstances, the proceeding against the petitioners requires to be quashed. Accordingly, the petition is allowed. The proceedings initiated against the petitioners in Special Case No.126/2012 pending on the file of Principal District and Sessions Judge, Ballari, insofar as it relates to accused Nos.18 and 25, are hereby quashed.
In view of disposal of the petition, pending interlocutory applications also stand disposed of as they do not survive for consideration.
Sd/-
JUDGE KMS