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2019 Supreme(Kar) 2230

P.S.DINESH KUMAR
K. Krishna Murthy – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. C.V. Sudhindra.
For the Respondent: Sri. Venkatesh S. Arabatti.

ORDER :

1. These two petitions involve a common question whether protection under Section 17A of the Prevention of Corruption Act, 1988 (for short 'the Act') is available to the petitioners charged under Section 13(1)(e) of the Prevention of Corruption (Amendment) Act, 1988 for possession of assets disproportionate to known source of income. Hence, they are disposed of by this common order.

2. Petitioners in both petitions have challenged orders passed by the learned Special Judge rejecting their respective interlocutory applications filed under Section 17A of the Act.

Brief facts in W.P. Nos. 14492-93/2019

3. Based on a source report dated 21st August 2013, Lokayuktha Police registered FIR No.13/2013 on 29th August 2013 alleging possession of assets disproportionate to petitioner's known source of income. After investigation, charge sheet has been filed alleging possession of disproportionate assets to the tune of 77.04% more than the legitimate income of the petitioner. He is facing trial in Special C.C. No.461/2016 for offences punishable under Section 13(1)(e) and 13(2) of the Act.

4. On 21st August 2018 an application was moved before the learned Special Judge under Section 17A of

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