Karnataka High Court
G.C. Chandra Mohan vs Cbi Acb on 7 September, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE B.A. PATIL
CRIMINAL PETITION NO.4948/2016
BETWEEN:
1. G.C.Chandra Mohan,
S/o G.K.Chandrashekar,
" Chandra Krupa",
Shanavarasantha,
Coorg District-571211
2. Victor Lawrence Fernandes,
S/o Dr.C.G.Fernandez,
Residing at No.D2, 792,
Austin Town I Stage,
Bangalore-560047
3. S.Anil Subaya,
S/o late Sri S.A.Subaya,
Residing at No.4698/3, 2nd Cross,
Shivaji Road, N.R.Mohalla,
Mysore-570011
4. Gopalpura Rajappa Shanthappa,
S/o Chinnalli Rajappa
P.B.No.171, Gorur Road,
Hassan-573201
5. Gopalpura Chandrachari,
S/o late Sri.Chikkaveerachar,
D.No.3382, Eshwara Temple Street,
Hassan-573201,
Hassan District.
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6. Kundira Kuttappa Chengappa,
S/o K.K.Kuttappa,
G-3, Star Type, Staff Nurse Quarters,
Sri Chamarajendra Hospital,
Hassan-573201,
Hassan District.
7. Shivanna Ramesh,
S/o Shivanna,
Residing at Lakkasandra Village,
Dunda Post, Turuvekere Taluk,
Tumkur District-573201.
8. H.Basappa Puttaswamy,
S/o late Basappa,
Residing near Nirmala Convent,
Madivalari Beedhi, Vallabhai Road,
Hassan Town, Hassan District-573201.
9. Hassan Narayanrao Gnaneshwar Rao,
S/o late Hassan Narayan Road,
Residing at No.5555/A, 2nd Cross,
Ravindra Nagara, Hassan
Hassan District-573 201.
10. Jumbardy Chandrashekar Vidyakiran
S/o. Chandrashekar
Residing at Chagally, Hanbal Post,
Sakaleshpur Taluk
Hassan District-573 201.
11. Manechanahalli Thimmegowda Somashekar
S/o. Thimmegowda
Residing at Manechanahalli
J.H. Keere Post, Hassan
Hassan District-573 201.
12. Bellud Kashivishwanath Yateesh,
S/o. Kashi Vishwanath,
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Residing near Veerabhadreshwara
Chitramandir, Main Road,
Kodlipet, Kodagu District-573 201.
13. Channappahona Basappa,
S/o. Channappa,
Residing at Nanjundeshwara Nilaya,
Vidyuth Nagara, Near Carmel
Mathashram,Hassan Town,
Hassan District-573 201.
14. Siradanahalli Channegowda Appannagowda
S/o. Channegowda Appannagowda
Residing at Siradanahalli
Mallipatna Post, Arkalgud Taluk
Hassan District-573 201.
15. Devegowda Venkatesh
S/o. Devegowda
Residing at H.No.393, Thattekere
Layout, Hassan City,
Hassan District-573 201.
16. Kodlipet Shanthamallappa Rajashekar
S/o. Shanthamallappa
Residing at Main Road
Kodlipet, Somavarpet Taluk
Kodagu District-573 201.
17. Begadu Hallappa Nagarajaiah
S/o. Bedagu Hallappa
Residing at Yeslur,
Sakaleshpur Taluk,
Hassan District-573 201.
18. Ballikere Krishnashekar Rajkumar
S/o. Krishnashekar
Residing at Hydoor Village
Kanchamana Hoskote Post
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Alur Taluk
Hassan District-573 201.
19. Bellud Kashivishwanath Eshwar
S/o. Kashi Vishwanath
Residing Near Veerabhadreshwara
Chithramandir, Main Road, Kodlipet,
Kodagu District-571 211.
20. Arere Rajappa Somasundar
S/o. Arer Basavarajappa Somasundar
Residing near Veerabhadreshwara
Chithramandir, Main Road, Kodlipet,
Kodagu District-571 211.
21. Kalenahalli Annaiah Natesh
S/o. Annaiah
Residing at Nitya, Vijaya Nagar
2nd Stage, Belur Road,
Hassan City, Hassan District-573 201.
22. Bambore Subbarao Manjunath Rao
S/o. Subbarao, residing at
Vishwanath Nagar,
Hunasinakere Road, Hassan City,
Hassan District-573 201.
23. Kanathur Chandrashekar Mahesh Kumar
S/o. Kanathur Puttuswamygowda,
Residing at Kanathur, Palya Hobli,
Alur Taluk, Hassan District-573 201.
24. Hassan Nanjundappa Kumar Swaroop
S/o. H.L.Nanjundappa,
Opp. Barline Masjid, Hosaline Road,
Hassan City, Hassan District-573 201.
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25. Hassan Srinivasa Murthy Mohan
S/o. H.L. Srinivasa Murthy,
Residing at LIG No.254, 25th Cross,
Kuvempu Nagar, Hassan City,
Hassan District-573 201.
26. Devihalli Nanjundappa Harish
S/o. Devihalli Basavegowda Nanjundappa,
Residing at Devihalli, Kundur Post,
Alur Taluk, Hassan District-573 201.
27. Best Coffee Curing Works (P) Ltd.
P.B.No.171, Gorur Road,
Hassan-573 201,
Represented by it's Director,
G.C.Chandra Mohan.
....Petitioners
(By Sri.Kiran S. Javali, Advocate for
Petitioner Nos.1 to 11, 13 to 18 and 21 to 27;
Sri. H.S. Chandramouli, Advocate for
Petitioner Nos.12,19 and 20 vide order dt.10.11.16)
AND:
CBI ACB,
Bellary Road,
Bangalore-560 036.
... Respondent
(By Sri.Madhav Kashyap for
Sri.P.Prasanna Kumar, Advocate)
This Criminal Petition is filed under Section 482 of
Cr.P.C. praying that this Hon'ble Court may be pleased
to set aside the order dated 16.12.2014 passed by the
C.J.M., Hassan in C.C.No.15/2006 and confirmed dated
28.04.2016 passed by the III Addl. Dist. and S.J.,
Hassan in Crl.R.P.No.2/2015 and discharge the
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petitioners in C.C.No.15/2006 on the file of the C.J.M.,
Hassan.
This Criminal Petition coming on for Admission
through video conference this day, the Court made the
following:
ORDER
This petition has been filed by petitioners-accused Nos.1 to 29 under Section 482 of Cr.P.C. praying this Court to set aside the order dated 16.12.2014 passed in C.C.No.15/2006 on application filed under Section 239 of Cr.P.C. pending on the file of Chief Judicial Magistrate, Hassan and confirmed by the III Additional District and Sessions Judge, Hassan in Crl.R.P.No.2/2015 dated 28.04.2016.
2. I have heard learned counsel Sri Kiran S Javali and learned counsel Sri H.S Chandramouli for the petitioners-accused Nos.1 to 29 and also learned counsel Sri Madhav Kashyap for Sri P. Prasanna Kumar, learned counsel for the respondent.
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3. Though the present petition has been filed against the order of dismissal for discharge of the petitioners-accused, the learned counsel for the respondent submits that already thirty eight witnesses have been examined before the trial Court and only six witnesses are remaining to be examined by the prosecution to conclude the trial.
4. At this juncture, the learned counsel appearing for the petitioners submits that because of not granting of bail, the trial has been proceeded and thirty eight witnesses have been examined. They may be permitted to urge all the grounds and contentions urged herein before the trial Court. With that liberty, the petition may be disposed.
5. The said submission has been placed on record.
6. This petition is disposed by giving liberty to the petitioners-accused Nos.1 to 29 to urge all the -8- contentions urged herein before the trial Court during the course of arguments. The trial Court is also directed to expedite the trial expeditiously within a period of six months from the date of receipt of copy of the order of this Court. With the above observations, the petition is disposed of.
I.A.1/2016 does not survive for consideration.
Sd/-
JUDGE ssb