2016 Supreme(Kar) 349
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANAND BYRAREDDY, J.
Sri. C. Mruthyunjayaswamy & Ors. - Petitioners
Vs.
State by Karnataka Lokayuktha Police & Ors. - Respondents
Writ Petition No. 21782 of 2014 (GM-RES) Connected With Writ Petition Nos. 38450, 38451, 38498 of 2014 (GM-RES); Criminal Petition No. 7166 of 2015
Decided On : 22-08-2016
Advocate Appeared:
For the Petitioners: Shri V. Lakshminarayana, Smt. Shilpa Rani
For the Respondents: Shri Venkatesh P. Dalwai, Shri. G. Devaraj, Shri K.V. Satish, Shri K.V. Shyamprasad, Shri Deepak, Shri N.G. Ravikumar, Smt. Latha Shetty
Headnote:CODE OF CRIMINAL PROCEDURE, 1973 – Sections 154, 156 – Offence under Prevention of corruption Act – Preliminary inquiry conducted and source report submitted to Superintendent of Police without making entries in Station Diary – Held, It is violative of mandatory procedure.
CODE OF CRIMINAL PROCEDURE, 1973 – Section 165, 173 – Search and seizure – Held, The illegality if any is not always fatal to case of prosecution and need not be considered at preliminary stage of proceedings.
These petitions are heard and disposed of together as the issue arising for consideration is identical. The facts of each case is as follows.
WP 38498/2014
The petitioner is said to be an engineer and was working as the Project Engineer in Shapoorji Pallonji. He was said to be a resident of Bangalore. His father was said to have retired from service as an Assistant Registrar of Co-operative Societies. Apart from the retirement benefits received by his father, there were said to be other declared assets, which had come to the petitioner's hands. It transpires that the petitioner had sold two properties, one belonging to himself and another which belonged to his mother and had received an advance amount totalling to Rs.49 lakh which was intended to be reinvested to avoid capital gains tax.
It transpires that on 22.7.2011 , the police had executed a search warrant in respect of house no. 3799, 13th Cross, BSK II Stage, Bangalore and in respect of the petitioner's residence at 3854/A, 26th Main, 32nd Cross, BSK-II Stage, Bangalore, even though there was no search warrant specifying the petitioner's residence. It is alleged that various documents such as bank pass books and cash was said to have been seized and various bank accounts have been frozen.
In the absence of a complaint against the petitioner, the search warrant having been issued was not preceded by a judicial order. There was no search warrant issued against the petitioner specifically or in respect of his house property. But the warrant has been executed in respect of two of the petitioner's place of residence and various documents and cash has been seized without authority of law.
WP 38451/2014
The petitioner herein is the mother of the petitioner in WP 38498/2014 and is aggrieved by the same action taken in the above said petition as documents and cash belonging to the petitioner have been seized in the same incident of alleged execution of a search warrant. There was no search warrant issued in her name or in respect of the residence where such seizure is said to have been made. There was no complaint as against her.
WP 21782/2014
The petitioner was said to be working as a Chief Engineer in the Public Works Department. He had risen to that position from the post of an Assistant Executive Engineer in the year 1992. He had an unblemished service record.
On 22.7.2011, however, the Lokayuktha Police are said to have raided the house of the petitioner and produced him before a magistrate on 25.7.2011 and he was said to have been released on bail on 27.7.2011. The petitioner is said to have regularly filed his Annual assets and liabilities Statement to his employer.
His wife was said to be a Dentist and was also running a diagnostic centre.
Co-incidentally, the petitioner in WP 38451/2014 was the mother-in-law of the petitioner. However, her residence had been raided, when the search warrant issued was in respect of the petitioner's residence.
It is stated that the petitioner was produced before the designated court on 25.7.2011, when for the first time an investigation report said to have been submitted by the Inspector of Lokayuktha police was opened for the first time. However, a search and seizure had been conducted even before the report was perused by the court. This is the primary ground of challenge.
WP 38450/2014
The petitioner herein is the wife of the petitioner in WP 21782/2014. Pursuant to the search warrant, the police having seized Rs.5 lakh in cash belonging to the petitioner and having frozen 8 bank accounts of the petitioner, even though she has not been named in the search warrant, seeks to question the entire proceedings.
Criminal Petition 7166/2015
The petitioner is said to be an Assistant Engineer in the Pattana Panchayath, Jagalur, Davangere District. The petitioner's wife is said to working as the Block Health Education Officer, Health Department, Ujjini.
It transpires that the Lokayuktha police had conducted an investigation and gathered materials against t