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2014 Supreme(Kar) 602

High Court of Karnataka
ANAND BYRAREDDY, J.
B. Vinod
Versus
K.S. Eshwarappa & Others
Criminal Revision Petition No.224 of 2014 connected with Criminal Revision Petition Nos.221, 222 & 223 of 2014
Decided On: 21-10-2014

Advocates Appeared:
For the Petitioner:M.S. Shyam Sundar, Advocate.
For the Respondents:M.T. Nanaiah, S.M. Chandrashekar, Shashikiran Shetty, Senior Advocates, M. Vinod Kumar, Siddarth B. Muchandi, H.M. Siddartha, Deepak S. Saranganth, G.N. Girish, H.M. Manjunath, K. Prasad Hegde, B.R. Vyasa Kiran Upadhya, Sanjiva V Belagali, L.M. Chidanandayya, Advocates.

Headnote:PREVENTION OF CORRUPTION ACT, 1988 - Section 19(1): [Anand Byrareddy, J] Dismissal of Private Complaint for want of sanction under - Allegation as to misuse of official position and amassing wealth dispropriationate to known source of income - Held, While on the one hand, it is not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to protection. Only an act constituting an offence directly or reasonably connected with his official duty would require sanction for prosecution. In other words, it is the quality of the act that is important and if it falls within the scope of the afore mentioned language, the protection of Section 197 of the Cr.PC will have to be extended to the concerned public servant. Hence, it can be said that every case against a public servant, alleging an offence punishable under the provisions of the PC Act, can be presented only on obtaining a prior sanction under Section 19 of the said Act, but a sanction under Section 197(1) of the Cr.PC is not required to be obtained as a matter of course to initiate other criminal proceedings against a public servant, unless it is so expressly provided under any statute. Even if the respondents have come to occupy public offices presently, it would not require the petitioner to obtain any prior sanction for prosecution of offences punishable under the provisions of the PC Act, in respect of the allegations pertaining to misuse of an earlier office held by the particular respondents. If the complainant is able to satisfy the Court that the acts giving rise to the alleged offences had been committed by the accused in the purported discharge of official duties to commit any of such offences and the official status of the public servant or acting in the discharge of his official duties to commit any of such provided an opportunity for commission of the offences, the question of any sanction being required for prosecution of such a public servant, under Section 197 of the Cr.PC, would not arise. There is no doubt that it is the trial Court which would also determine a question, if it should arise, as to whether sanction is required to proceed with the prosecution. Hence, the Court below was not justified in holding that by virtue of the alleged acts were admittedly said to have been committed by the accused while functioning as public servants, and ipso facto required that the petitioner obtain prior sanction under Section 197(1) Cr.PC, to prosecute the complaint. Impugned orders were set aside. Matters restored to file of Court below to be dealt with in accordance with law.

Judgment :

1. These petitions are heard and disposed of by this common order, as the issues involved are similar.

Crl.R.P.No. 221/2014 This petition is filed on the dismissal of a complaint under Section 200 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the 'Cr.PC', for brevity), dated 26.12.2013. The complainant is said to be an Advocate practicing at Shimoga. He had named one B.S.Yeddyurappa, as accused no.1, who was said to be the Deputy Chief Minister of Karnataka State, then headed by one H.D. Kumaraswamy during the period February 2006 to October 2007. He was said to be the Chief Minister during the period July 2008 to July 2011. He is said to have continued as a member of the Legislative Assembly, representing Shikaripur Assembly constituency of Shimoga district.

The complaint had named one B.Y. Raghavendra as the son of accused no.1. He was said to be a member of Parliament representing Shimoga since the year 2009.

Accused no.3 to Accused no.7 were named as benamidars of properties acquired by accused no.1 and accused no.2.

It was alleged in the complaint that accused no.1 had misused his official position, actively aided by accused no.2, to amass wealth disproportionate to his known sources of income. They had acquired land in violation of the provisions of the Karnataka Land Reforms Act, 1961 (Hereinafter referred to as the 'KLR Act', for brevity), and that the other accused had aided and abetted the commission of the offences.

It was alleged that as on the date of the complaint, the accused no.1 was neither the Chief Minister or the Deputy Chief Minister. Accused no.2, was also not a public servant at the time the alleged transactions had taken place. Accused no. 1 was however, said to be an MLA at the time of the complaint and hence, the complainant is said to have sought sanction from the Speaker of the Legislative Assembly as per communication dated 10.8.2013, but it is claimed, that there has been no response. It is hence claimed that there was a deemed sanction.

The complaints having been dismissed for want of sanction under Section 19(1) of the Prevention of Corruption Act, 1988 (Hereinafter referred to as the 'PC Act', for brevity) and Section 197 of the Cr.PC, the present petition is filed. Crl.R.P.No. 222/2014 This is another petition filed by the same petitioner as in the first of these petitions. The petitioner is said to have filed yet another complaint against the self same B.S.Yeddyurappa, named as accused no.1, along with his married daughter, S.Y. Arunadevi, one Dyaberi M. B., who was said to be the Commissioner, Karnataka Housing Board, Bangalore and one S.L. Haleshappa, who was said to have been an Assistant Executive Engineer, Karnataka Housing Board, Shimoga. There were others named as Accused no.5 to Accused no.8, who were all alleged to be benamidars, holding property for and on behalf of accused no. 1 and 2.

It was alleged that the said accused no.1, during his tenure as the Deputy Chief Minister of Karnataka State, is said to have misused his official position and with the active assistance of the other accused, had obtained allotment of house sites purportedly in the names of Accused no.5 to 8, but for the actual benefit of himself and accused no.2. It was hence alleged that as a public servant, he had committed offences punishable under Sections 13(1) and 13(1)(d) of the PC Act, apart from offences punishable under Section 120-B and Section 420 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity).

The complaint having been referred to the Lokayuktha Police, Shimoga for investigation by the court below, the police having filed a 'B' Final Report, the court below had however, raised a question as to the maintainability of the complaint and held that the same was not maintainable for want of sanction and ignored the 'B' Report. It is that order which is under challenge in this petition.

Crl.R.P.No. 223/2014 This petition is filed on the dismis










































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