Karnataka High Court
Rangappa Gyanappa Talawar S/O Yallappa ... vs The State Of Karnataka on 24 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:3766
CRL.P No. 102140 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 102140 OF 2023 (482(Cr.PC)/528(BNSS))
BETWEEN:
1. RANGAPPA GYANAPPA TALAWAR
S/O. YALLAPPA TALAWAR,
AGE. 53 YEARS, CCC. SECRETARY
BHANTANUR GP, NOW PDO VAJARMATTI GP,
MUDHOL TQ, BAGALKOT DIST-587101.
2. SOMALINGAYYA SANGAYYA VEERAKHAMANTH
S/O. SANGAYYA VEERAKTHAMANTH,
AGE. 62 YEARS, OCC. RETIRED EMPLOYEE
(SECRETARY G.P.), R/O. HEBBAL,
MUDHOL TQ., BAGALKOT DIST-587101.
3. HANMANTH @ HANMAPPA NINGAPPA
VAJRAMATTI S/O. NINGAPPA VAJRAMATTI,
AGE. 72 YEARS, OCC. CONTRACTOR,
R/O. HEBBAL, MUDHOL TQ, BAGALKOT DIST-587101.
4. HANMANTGOUDA RANGANGOUDA
SANKAPPANAVAR S/O. RANGANGOUDA
BK
MAHENDRAKUMAR SANKAPPANAVAR,
Digitally signed by B K
OCC. ASST. EXECUTIVE ENGINEER (RETIRED),
MAHENDRAKUMAR
Location: High Court of
Karnataka, Dharwad
AGE. 67 YEARS,
Bench
Date: 2025.03.01 12:14:29
+0530 R/O. SHIDRAMESHWAR COLONY,
MUDHOL TQ, BAGALKOT DIST-587101.
5. ASHOK SHINNAGAPPA DODAMANI
S/O. SHINNAGAPPA DODAMANI,
AGE. 46 YEARS, OCC. CONTRACTOR,
R/O. LOKAPUR, MUDHOL TQ.,
BAGALKOT DIST-587101.
...PETITIONERS
(BY SRI. J.BASAVARAJ
AND SRI. SUHAS HOSAMANI, ADVOCATES)
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NC: 2025:KHC-D:3766
CRL.P No. 102140 of 2023
AND:
1. THE STATE OF KARNATAKA
(THROUGH BAGALKOT CEN CRIME PS),
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD-580011.
2. SRI. H.M.NANJUNDASWAMI
OCC. REGISTRAR,
KARNATAKA LOKAYUKTA OFFICE,
MULTI-STOREYED BUILDING,
DR B.R.AMBEDKAR VEEDHI,
BENGALURU-560001.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SRI. SRINIVAS B.NAIK, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO, ALLOW THIS PETITION QUASH THE COMPLAINT
CHARGE SHEET AND THE ORDER OF TAKING COGNIZANCE AND
ISSUANCE OF PROCESS DATED 20.08.2022 FOR THE OFFENCES
PUNISHABLE U/S 409,420,465,468,477(A) OF THE IPC IN CC NO.
142/2022 (CR NO. 30/2018 REGISTERED BY BAGALKOT CEN CRIME
P.S. BAGALKOT DIST) PENDING ON THE FILE OF THE PRINCIPAL
SR. CIVIL JUDGE AND CJM OF BAGALKOTE DIST., AND IN THE
INTEREST OF JUSTICE IN SO FAR AS PETITIONERS ARE
CONCERNED ONLY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioners have been charge-sheeted for the offences punishable under Sections 409, 420, 465, 468 and 477(A) of the Indian Penal Code (IPC).
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2. The prosecution alleges that accused No.1 - who was working as Secretary of Chikkur Gram Panchayat, accused No.2 - who is the retired employee (Secretary Gram Panchayat), accused Nos.3 and 5- who are entrusted with the contract for construction of a gutter and accused No.4 - who is working as Assistant Executive Engineer, under the Kugrama-Suvarna Grama Yojane had connived with each other to fabricate the documents purportedly to show that the work had been completed. Although the work was not completed, the amount sanctioned in consideration for implementing the project was misappropriated. It is pertinent to note here that the allegation of fabrication and not implementing the project was of the year 2005-2006.
3. Heard learned counsel for the petitioners and learned Additional Government Advocate for respondent No.1-State.
4. Respondent No.1-Lokayukta on a complaint received, conducted an enquiry and based on the said enquiry, lodged a first information report. The police, after investigation, submitted a charge sheet.
5. A perusal of the charge sheet material indicates that in 2018 when the inspection of the gutter, so constructed by the contractor way back in the year 2005-06, was carried out, the gutter remained incomplete. There is no material to substantiate that the work entrusted to the contractor was not completed and up to the mark.
6. The Gutter was constructed in the year 2005-06 that it is but normal that the quality of the gutter deteriorates over period -4- NC: 2025:KHC-D:3766 CRL.P No. 102140 of 2023 of time and therefore, it cannot be inferred that construction of the gutter was not up to the mark and was not completed, more so in the back drop of the fact that the inspection was conducted in the year 2018, after expiry of more than 14 years from its construction.
7. The Apex Court in the case of Madhu Pandit Das Vs. The State of West Bengal and Other1, has observed that though inordinate delay in itself may not be a ground for quashing of a criminal complaint, however unexplained inordinate delay must be taken into consideration as a very crucial factor and ground for quashing a criminal complaint. It was further ruled that inordinate unexplained delay of eight years was nothing but sheer misuse and abuse of the process of law to settle the personal scores with the appellants therein, and that continuation of such malicious prosecution would also be further abuse and misuse of process of law, more particularly, when neither the allegations made in the complaint nor in the charge sheet, disclose any prima facie case against the appellants.
8. Similarly, in the instant case, the FIR was lodged after an inordinate delay of 14 years from the date of inspection of the gutter and there is no material to substantiate that the petitioners, in connivance with each other, had fabricated documents purporting to show that the work was not completed. The inspection of the gutter was conducted in the year 2018, and therefore, the delayed inspection cannot be the basis for prosecuting the petitioners for construction of the gutter which had 1 Manu/SC/0592/2023 -5- NC: 2025:KHC-D:3766 CRL.P No. 102140 of 2023 taken place in the year 2005-06. In such circumstances, continuation of the criminal proceedings will be an abuse of process of law.
9. Accordingly, the petition is allowed, and the impugned proceedings in C.C.No.142/2022, on the file of the learned Principal Senior Civil Judge and CJM Court, Bagalkot, insofar as it relates to the petitioners/accused, are hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 2