KARNATAKA HIGH COURT
Anand Byrareddy, J.
Katta Subramanya Naidu and another - Petitioners
Versus
State of Karnataka - Respondent
Criminal Revision Petition No.432 of 2013 connected with Criminal Petition No.2313 of 2016
Decided On : 03-11-2016
Anand Byrareddy, J.
These petitions are disposed of by this common order.
2. The background, in which these petitions are filed, is as follows. It is said that there was a proposal for acquisition of large tracts of land in Bandikodigehalli and other Villages in Jala Hobli, Bangalore North Taluk, for the establishment of IT and ITES Industries, by the State of Karnataka through the Karnataka Industrial Areas Development Board (KIADB), a statutory body. It is said that during the process of acquisition of lands, several officials of the KIADB were alleged to have demanded bribe from the landowners for speedy disbursement of compensation amounts. In this regard, one Rukmangada Naidu is said to have informed the Lokayuktha Police of these illegal demands. On the basis of the same, a case in Crime No. 24 of 2010 is said to have been registered against several officials of the KIADB, for offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act', for brevity). Other cases followed, on the basis of a source report by the Lokayuktha Police, against more officials of the KIADB as well as others, in Crime Nos. 42 to 46 of 2010. During the course of investigation of these cases, the Investigating Officer, in Crime No. 42 of 2010 was said to have been directed by the Superintendent of Police, Lokayuktha, to probe into the possible role of M/s. Itasca Software Development Private Limited (hereinafter referred to as 'Itasca', for brevity) as regards irregularities in acquisition of land and to register a separate case. The Managing Director of Itasca had already been named as an accused in Crime No. 43 of 2010. Searches are said to have been carried out in the offices of Itasca and on the basis of information gathered, a search was said to have been carried out on the offices of one M/s. Indu Builders and Developers, a firm said to be consisting of partners, who were employees of Sowbhagya Petrol Bunk (accused 4 and 5), which was said to be run by the petitioner's wife, the petrol bunk was also said to have been searched and the offices of one M/s. United Telecom Company (hereinafter referred to as 'UTL') was also subjected to search. It was on such investigation, that the Lokayuktha Police had filed a charge-sheet against the petitioner, his son and others for offences punishable under Sections 7,8 and 13(1)(d) read with Section 13(2) of the PC Act and Sections 419, 420, 465, 468 and 471 read with Section 120-B of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC for brevity). The case is now registered as Spl. CC No. 135 of 2011.
It is the case of the prosecution, that the petitioner and his son were said to be closely associated with accused 3, the Managing Director of Itasca. Itasca is said to have made an application in the year 2006, seeking allotment of land to establish a Special Economic Zone for IT and ITES Industries. This application, it is claimed, was at the behest of accused 2, the son of the petitioner, as discovered later. It is alleged that though the application filed was defective, the petitioner who held the Portfolio of Minister of Medium and Major Industries, in the then Government of Kama taka, is said to have fast tracked the application, overruling objections raised by the concerned officials and is said to have had the application placed before the State High Level Clearance Committee (SHLCC), the apex body to sanction industrial projects and acquisition of land for the same, and of which body he was said to be an ex officio member. The application was purported to have been made on the basis that the land to be acquired for Itasca would be on 'consent basis', unlike other applicants, who had sought for compulsory acquisition. The SHLCC had granted clearance for the project as on 16-1-2007, pro
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