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Upon service of notice, the complainant has appeared before the court and orally submitted that he has no objection to the said "B-Report".

In the instant case, the main allegation is regarding the unauthorised disclosure/publication of the content of conversation recorded during the legal interception of the mobile no. 9880300007 by public servants.

I have perused the "B-Report" filed by the investigation officer, wherein it is reveals that, the result of examination in respect of the exhibits sent to CFSL Hyderabad, vide forwarding letter No. 19/3/RC2172019A0006/CBI/ACUV/New Delhi, dated 04/03/2020, has been received on 09/06/2022, vide Reports CFSL(H)/287/DF/39/CCH-23-25/2020, dated 31/03/2022 (M. No.417/2022). The hash value of the three audio files which were provided by Ms. S. Kushala, News 18 Kannada in a DVD shows matches with the three audio files available in the CPU beaing M.No. 853/2019/6. This further reveals that the three audio files which were aired on News 18 Kannada Channel, originated from the 'Technical Support Centre' of Bengaluru City Police. This report also establishes that Sh. Manjunath N of News 18 Kannada who carried out the interview of Sh. Alok Kumar on 04/08/2019, was not having the possession of the audio files in question.

The investigation report reveals that, the experts have opined that the Hash value of the audio files available with Ms. S Kushala of News 18 Kannada and the Hash Value of the audio files available with the TSC are same, which establishes the origin of the audio files with Ms. S Kushala is from TSC Pertinently these LI files were in possession with Sri. Alok Kumar on 02.08.2019, through whatsapp from Sri. Mirza Ali Raza. This act of getting the possession of legal intercepts on whatsapp and on a pen drive are clear violation of SOP dealing with interception, handling, use, sharing, copying storage and destruction of messages/telephones/ emails etc. And Rules 628 to 634 of Police Manual by Karnataka State Police which concerns with top secret, secret and confidential correspondence.

It is concluded in the investigation report that, Sri. Alok Kumar the then Commissioner of Police was in possession of LI voice calls from TSC through Mirza Ali Raza on 02.08.2019 when he met Ms. S Kushala on 04.08.2019. The report reveals that, experts have opined that all these audio files found in pen drive, lap top and the leaked ones have the same hash value and thereby establishes their origin from TSC only."

5. It is seen that Annexure III of the Charge Memo mentioned above cites 18 Prosecution documents & Annexure-IV cites 18 15 OA/240/2025/CAT/BANGALORE prosecution witnesses. It is totally based on the report of the CBI which is enclosed from page number 30 to page number 149, of the OA. It is pertinent to mention that as seen on Note 1 on page 177 of Annexure A3 (the reply received under RTI by the applicant), it was the Government of Karnataka which had transferred this case which was earlier registered at CYBER CRIME Police Station of Bangalore vide Crime No.6963/2019 to the CBI by Government Order No.E-HD 33 COD 2019 dated 19.08.2019. The CBI has registered the said case vide FIR No.CBI/ACU(V) 2172019A0006, dated 30.08.2019 and has initiated an investigation on the specific direction of the Government of Karnataka. It is crystal clear from the enclosed CBI report of around 120 pages and the related Annexures that after detailed investigation by CBI, which included searches of certain premises, seizure of incriminating material during these searches, the subsequent examination of seized material, including by expert FSL Labs, examination of large number of witnesses and intensive scrutiny of documents, including electronic devices etc., CBI recommended disciplinary proceedings against the MoS on certain counts, each one of them being of very serious nature. Perusal of the CBI report also indicates that the applicant was also examined during the course of investigation. The explanation given by the applicant in his 16 OA/240/2025/CAT/BANGALORE defence to the Investigation Officer (IO) DSP , CBI Sri Mukesh Kumar and its rebuttal by the IO are also matter of record and are part of the detailed report of CBI. CBI has given its recommendation after detailed and meticulous investigation. The incriminating material against the applicant includes statements of several subordinate police personal who worked under him in the Technical Support System, the irrefutable electronic evidence related to the interceptions, copying of telephonic conversations to pen drives and laptops etc. Departmental inquiry has been recommended by the CBI on the basis of preponderance of probability. Thus, it is clear that CBI has done a thorough professional job and also followed the Principles of Natural Justice by giving an opportunity to the applicant to submit his explanation and also by giving it due consideration during the course of investigation.

28) The expert report reveals that the "Hash value" of the said voice recording available at the TSC Center and the "Hash value" of the voice recording available with Mrs. Kushal of TV Media are the same and also in his statement Mr. Mirza Ali Raja of TSC Center has stated that he had been instructed by him to send the said voice recording to him through Pen drive and WhatsApp. Also he has also stated in his statement that Mr. Alok Kumar, IPS had instructed him to delete it from the mobile used for this and format the mobile and to tell anyone that he did not know anything about this. From the evidence and documents available the CBI report has confirmed that Mr. Alok Kumar IPS had obtained secret and top secret documents from his Legal Interception & Technical Support Center without any prior permission. Since the prima facie case made by the CBI, a show cause notice under rule 8(4) of has been issued to the said officer under Rule 8(4) of the All India Services (Discipline and Appeal) Rules to subject him to departmental enquiry and a charge sheet has been issued seeking the approval of the Hon'ble Chief Minister for its execution. The draft charge sheet and notice have been placed on file.