JUDGMENT

1. The petitioner has challenged the Order dtd. 15/4/2021 passed by the XLVII Additional City Civil and Sessions Judge and Special Judge for CBI cases in Spl.CC. No.304/2018 by which an application filed by the petitioner under Sec. 245(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') was rejected.

2. The petitioner was a First Division Assistant at HOPCOMS, Lalbagh, Bengaluru. A raid was conducted by the Karnataka Lokayukta, Ramanagara, against the petitioner and a case in Crime No.9/2009 was registered against the petitioner under Ss. 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 (for short 'the PC Act'). During the search, the authorities of Lokayukta had recovered documents relating to the properties registered in the name of the petitioner following which a chargesheet was filed against him under Sec. 13(1)(e) and Sec. 13(2) of the PC Act. It was found that the petitioner possessed disproportionate assets to the extent of Rs.1, 19, 44, 944.00, which was 200.58 % more than his known source of income. The check period was 1/11/1981 to 2/12/2009. In view of the fact that the offence under the PC Act was a scheduled offence under the PML