Karnataka High Court
Sri. P B Chengappa vs State Of Karnataka on 4 October, 2023
-1-
NC: 2023:KHC:35921
CRL.P No. 7191 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 7191 OF 2017
BETWEEN:
1. SRI. P.B. CHENGAPPA
SON OF LATE BELLIYAPPA,
AGED ABOUT 44 YEARS,
RESIDING AT KAKETHODU MAKUTTA
HEGGALA VILLAGE,
VIRAJPET TALUK - 571218,
KODAGU DISTRICT.
2. MR. M.P. SUJA KUSHALAPPA
SON OF LATE POOVAIAH
AGED ABOUT 57 YEARS,
RESIDING AT 'KAMADENU NILAYA'
MEENPET, VIRAJPET-571218,
KODAGU DISTRICT.
...PETITIONERS
(BY SRI. KESHAV MURTHY K.R., ADVOCATE)
Digitally
signed by
SUMA AND:
Location:
HIGH
COURT OF
KARNATAKA 1. STATE OF KARNATAKA
DEPARTMENT OF HOME AFFAIRS
VIDHANA SOUDHA
BANGALORE - 560001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. ADDITIONAL DIRECTOR GENERAL OF POLICE
LOKAYUKTHA,
MULTISTORIED BUILDING,
BANGALORE - 560001
-2-
NC: 2023:KHC:35921
CRL.P No. 7191 of 2017
3. INSPECTOR OF POLICE
LOKAYUKTHA
MADIKERI - 571218
4. V.T. MADAN
SON OF V.T. THIMMAIAH
ARJI VILLAGE - 571218
VIRAJPET TALUK
...RESPONDENTS
(BY SRI. VENKAT SATYNARAYANA, HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1
SRI. B.S. PRASAD, ADVOCATE FOR RESPONDENT NOS.2 AND 3;
SRI. T.I.ABDULLA, ADVOCATE FOR RESPONDENT NO.4)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE COMPLAINT
DATED 07.06.2012 FILED BY THE RESPONDENT NO.4 AND FIRST
INFORMATION REPORT IN CRIME NO.1/2013 ON 02.01.2013 ON THE
FILE OF II ADD. DISRICT AND SESSIONS JUDGE COURT, KODAGU,
MADIKERI AT ANNEXURE-A AND B AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners/accused Nos.10 and 11 in Special Case No.5001/2017 pending trial before the II Additional District and Sessions Judge Court Kodagu, Madikeri (henceforth referred to as 'Trial Court') have filed this petition challenging the prosecution launched against them for the offences punishable -3- NC: 2023:KHC:35921 CRL.P No. 7191 of 2017 under Sections 13(1)(d)(ii) and (iii) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 27, 32 and 51 of the Wild Life Protection Act, 1972 and Section 109 of IPC.
2. A charge-sheet was filed against accused by respondent No.2 for offences punishable under Sections 13(1)(d)(ii) and (iii) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 27, 32 and 51 of the Wild Life Protection Act, 1972 and Section 109 of IPC. The summary of the charge-sheet discloses that the accused No.1 was the Veterinary Officer and the Administrator of Bettoli Grama Panchayath, who had retired from service on 30.06.2016. The accused No.2 was the Panchayath Development Officer at Betloli Grama Panchayath and who was thereafter promoted as an Assistant Director of Rural Employment. The accused Nos.3 to 5 were the employees of the Excise Department of whom, the accused No.4 had retired on 31.08.2010, while accused No.5 had retired on 31.05.2015. The accused Nos.6 to 8 were the employees of the Department of Forest of whom, accused No.6 had retired on 30.09.2012, accused No.7 had retired on 30.09.2014, while the accused No.8 had retired on 31.07.2012. The accused No.9 was the Additional Deputy Commissioner of -4- NC: 2023:KHC:35921 CRL.P No. 7191 of 2017 Kodagu District, who retired from service on 31.05.2015. The accused Nos.10 and 11 were private individuals who had filed applications for transfer of excise licence. The charge-sheet discloses that the accused Nos.1 and 2 had leased out a premises belonging to the Panchayath to the accused No.10 for the purpose of running an excise outlet and that the accused No.10 had illegally sublet the premises to the accused No.11. The accused Nos.1 and 2 had issued a 'No Objection' for transfer of the excise licence from the building at Madikeri bus stand to Heggala village of Bettoli Grama Panchayath which lay within the reserved forest. Based on such a 'No Objection', the accused No.9 had shifted excise licence from the building at Madikeri bus stand to Heggala village. The Trial Court took cognizance of the offences against the accused and issued process.
3. Being aggrieved by the same, the accused Nos.10 and 11 are before this Court.
4. The learned counsel for the petitioners submitted that this Court in Crl.P.36563/2017 had quashed the prosecution initiated against the accused No.9 on the ground -5- NC: 2023:KHC:35921 CRL.P No. 7191 of 2017 that the accused No.9 had granted permission to shift the licence and that there was no substance to justify the charge- against the accused No.9. He therefore, contended that the continuation of the prosecution against the petitioners would serve no purpose as the main accused who had granted permission to shift the licence himself is exonerated.
5. The learned High Court Government Pleader on the other hand submitted that it was the accused Nos.1 and 2 who were responsible for the shifting of the licence and who had conspired and colluded with the accused Nos.10 and 11 in bringing about the fraudulent 'No Objection' to shift the licence. He therefore, contends that the accused Nos.10 and 11 are to be tried for the offence punishable under Section 109 of IPC.
6. I have considered the submissions made by the learned counsel for the petitioners/accused Nos.10 and 11 as well as the learned High Court Government Pleader for respondent No.1.
7. The accused No.10 is stated to have been granted permission to run a CL-2 licence for the excise period 2011 to -6- NC: 2023:KHC:35921 CRL.P No. 7191 of 2017 2012 at a premises belonging to the Panchayath at the bus stand in Madikeri. Thereafter, a request seems to have been made by the accused No.10 to shift the licence from the bus stand at Madikeri to a land laying within the Panchayath limits at Heggala village, Bettoli Grama Panchayath. The accused Nos.1 and 2 being the officers of the Panchayath had issued 'No Objection' based upon which, the accused No.9 had granted order shifting the licence from the bus stand at Madikeri to Heggala village. Therefore, though the accused No.10 being a beneficiary of such shifting, could be prosecuted for the offence punishable under Section 109 of IPC but yet, in so far as accused No.11 is concerned, he being a sub-lessee of the licence, no case was made out against him. Nonetheless since the case against the accused No.9 has been quashed by this Court, the proceedings against the accused Nos.10 and 11 are also liable to be halted.
8. Consequently, this petition is allowed. The impugned prosecution in Special Case No.5001/2017 pending trial before the II Additional District and Sessions Judge Court Kodagu, Madikeri, for the offences punishable under Sections 13(1)(d)(ii) and (iii) read with Section 13(2) of the Prevention -7- NC: 2023:KHC:35921 CRL.P No. 7191 of 2017 of Corruption Act, 1988 and Sections 27, 32 and 51 of the Wild Life Protection Act, 1972 and Section 109 of IPC, is quashed qua the petitioners.
Sd/-
JUDGE LDC/PMR List No.: 1 Sl No.: 21